Question from SKY, What are some case laws on RERA decided by the Supreme Court of India?
Answer from AI:
The Real Estate (Regulation and Development) Act, 2016 (RERA) is a significant piece of legislation in India that aims to protect home-buyers and boost investments in the real estate industry. The Supreme Court of India has adjudicated several cases related to RERA, setting important precedents. Here are a few notable ones:
1. Pioneer Urban Land and Infrastructure Ltd. & Anr. vs. Union of India & Ors.
In this landmark case, the Supreme Court upheld the constitutional validity of RERA. The court ruled that RERA is not in conflict with the Insolvency and Bankruptcy Code, 2016 (IBC). This case clarified that remedies under RERA and IBC can be pursued concurrently.
2. M/s Imperia Structures Ltd vs Anil Patni
In this case, the Supreme Court held that a real estate project cannot be exempted from RERA registration if it is being developed in phases. Even if one phase is completed, the project must be registered under RERA if other phases are yet to be completed.
3. Bikram Chatterji & Ors. vs. Union of India & Ors.
The Supreme Court, in this case, ordered the enforcement of RERA provisions to protect the interests of homebuyers. The court directed the completion of various projects under the supervision of a court-appointed committee.
4. Flat Buyers Association Winter Hills-77, Gurgaon vs. Umang Realtech Pvt Ltd & Ors.
In this case, the Supreme Court held that homebuyers could directly approach the National Consumer Disputes Redressal Commission (NCDRC) without going to RERA first. This ruling provided an additional avenue for homebuyers to seek redressal.
Please note: The above cases are for informational purposes only and should not be used as legal advice. The interpretation and application of RERA can vary based on the specifics of each case. Therefore, it is recommended to consult with a legal professional for personalized advice.
For more information on these cases, you can visit the Supreme Court of India’s Judgments database. For a comprehensive understanding of RERA, you can refer to the official RERA page on the Ministry of Housing and Urban Affairs website.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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