Description
Taxmann RERA Case Law Digest Compendium of Jurisprudence on Real Estate (Regulation and Development) Act 2016 by Mahadev Birla and Nipun P. Singhvi and Richa Birla and Vishal J. Dave
This book is an exhaustively curated compendium that captures the essence of the Real Estate (Regulation and Development) Act, 2016 (RERA) through a detailed collection of judicial decisions and legal interpretations spanning over seven years. It covers landmark judgments and legal developments from the Hon'ble Supreme Court, various High Courts, State RERA Appellate Tribunals, and RERA Authorities.
This book benefits many professionals and stakeholders in the real estate sector, including developers, builders, agents, brokers, and property managers. Legal practitioners, including lawyers, advocates, and in-house counsel for real estate companies, will find it invaluable. The book is also beneficial for scholars and academicians, such as law professors, researchers, and law and real estate management students. Policymakers and regulators, including government officials, legislators, and regulatory authorities, will find it helpful in understanding and enforcing RERA provisions. Additionally, homebuyers and consumers, prospective homebuyers, consumer rights organizations, financial institutions, and investors, including banks and real estate investors, will find this book helpful for navigating the complexities of the real estate sector.
The Present Publication is the Latest Edition, authored by Adv. (CA) Mahadev Birla, Adv. (CA) Nipun P Singhvi, CS Richa Birla. And Adv. Vishal J Dave. The noteworthy features of the book are as follows:
[Jurisprudence]
Case Law Compilation – Presentation of judgments from the Supreme Court, High Courts, and State RERA Appellate Tribunals
Legal Evolution – Detailed documentation of the legal evolution of RERA, providing readers with a thorough understanding of the Act's development over time
Scholarly Discourse – In-depth analysis and scholarly discussion of RERA jurisprudence, empowering readers to understand the legal precedents and interpretations
[Interaction with Other Legal Frameworks]
Insolvency and Bankruptcy Code (IBC) – Analysis of how RERA interacts with insolvency proceedings and the implications for stakeholders
Consumer Protection Laws – Examination of the role of consumer rights within the real estate sector and how RERA supports these rights
SARFAESI Act – Understanding of how real estate assets are affected under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act
[Comprehensive Coverage and Practical Insights]
Up-to-Date Information – Incorporates the latest case laws and developments, ensuring readers are informed of recent changes
Practical Application – Provides practical analysis for practitioners, scholars, and policymakers to apply RERA provisions effectively
Navigational Aid – Provides tools for understanding and navigating the complexities of RERA and its interplay with other significant legal frameworks
[Detailed Analysis]
Jurisprudence
Legal Principles and Precedents – Discusses foundational legal principles, significant precedents, and evolving interpretations related to RERA
Judicial Evolution – Analyzes how courts have shaped RERA's application and enforcement over time
Function and Duties of RERA Authority
Regulatory Role – Examines the authority's responsibilities in enforcing RERA provisions
Compliance and Enforcement – Details how the RERA Authority ensures compliance and handles violations
Real Estate Tribunal and Authority
Structure and Functioning – Reviews the organizational structure, functioning, and significance of Real Estate Tribunals and Authorities
Case Studies – Provides real-world examples of Tribunal decisions and their impact on the real estate sector
Parallel and Overriding Jurisprudence
Interaction with Other Laws – Analyzes how RERA interacts with other legal frameworks and the resultant legal outcomes.
Conflict Resolution – Analyses the mechanisms for resolving conflicts between RERA and other laws
Constitutional Challenges
Legal Challenges – Investigates significant legal challenges to the constitutionality of RERA
Court Rulings – Summarizes significant court rulings on the constitutionality of RERA and their implications
This book covers the following case laws:
Supreme Court's RERA Case Laws
Newtech Promoters & Developers (P.) Ltd. v. State of U.P.
Chitra Sharma v. Union of India
Experion Developers (P.) Ltd. v. Sushma Ashok Shiroor
Imperia Structures Ltd. v. Anil Patni
Pioneer Urban Land & Infrastructure Ltd. v. Union of India
Union Bank of India v. Rajasthan Real Estate Regulatory Authority
Ansal Crown Heights Flat Buyers Association v. Ansal Crown Infrabuild Pvt. Ltd.
Forum for People's Collective Efforts (FPCE) v. State of West Bengal
Imperia Structure Ltd. v. Baljor Singh Jakhar, etc.
Vishal Chelani v. Debashis Nanda
High Court's RERA Case Laws
Neelkamal Realtors Suburban (P.) Ltd. v. Union of India
Lavasa Corporation Limited v. Jitendra Jagdish Tulsiani
Man Global Limited v. Bharat Prakash Joukani
Goregaon Pearl CHSL v. Dr. Seema Mahadev Paryekar
Larsen and Toubro Limited v. Ms Rekha Sinha
CCI Projects v. Jyoti Narang
Narayan Realty Infrastructure v. State of Gujarat
Accrual Realities Pvt. Ltd. v. State of Madhya Pradesh
Renaissance Infrastructure v. Parth B. Suchak
Janta Land Promoters Private Limited v. Union of India
Experion Developers (P.) Ltd. v. State of Haryana
Paramount Prop Build Pvt. Ltd. v. State of UP
Pacifica (Chennai Project) Infrastructure (P.) Ltd. v. C. R. Chenthirkumaran
Chhattisgarh Grih Nirman Mandal v. Shrimati Preeti Singh W/o Mahendra Singh
NCPL Infracon LLP v. Jyotsna Shah
SARE Shelters Project Pvt. Ltd. v. SARE SQUIRES
Macrotech Developers Limited v. State of Maharashtra
Gujarat Real Estate Regulatory Authority v. Satyam Infracon
Union Bank of India v. Rajasthan Real Estate Regulatory Authority
Sanjay Ghiya v. Union of India
Experion Developers Private Limited v. State of Haryana
Habitech Infrastructure Ltd. v. State of U.P.
NBCC (India) Limited v. Joshy Varghese
Bombay Dyeing & Mfg. Co. Ltd. v. Ashok Narang
Ashok Palav Co-op. Housing Society Ltd. v. Pankaj Bhagubhai Desai
Janapriyo Real Estate Pvt. Ltd. v. State of West Bengal
Graceland Foundation v. Kerala Real Estate Regulatory Authority
GS Enterprises v. Yogesh Agarwal
Samruddhi Developers v. Kiran Vasant Verekar
Goa Real Estate & Construction Pvt. Ltd. v. State of Goa
U.P. Awas Evam Vikas Parishad v. Nishta Bhatnagar
Jayesh Tanna, Director of ITMC Developer (P.) Ltd v. Radha Arakkal
Hagwood Commercial Developers (P.) Ltd. v. Rahul Madhukar Deshmukh
Balaji Construction Company v. Anjusha Ajit Kadam
Wadhwa Group Housing (P.) Ltd. v. Vijay Choksi
Shravan D. Agarwal v. Sagar H. Saboo
Appellate Tribunal's RERA Case Laws
Udayachal Goregaon Co-operative Housing Society Ltd. v. Manoj Kumar Mistry
Pratham Square v. Gujarat Real Estate Regulatory Authority
Sanvo Resorts Pvt. Ltd. v. Ranveer Sharma
GMR Krishnagiri SIR Ltd. v. Tamil Nadu Real Estate Regulatory Authority
Manish Patel v. Crystal Yagnapurush Residential & Commercial Owners Associations (CYRCOA)
Rohit Chawla v. Bombay Dyeing & Mfg. Co. Ltd.
Ratul Lahiri v. Tata Housing Development Co. Ltd.
Pankaj Kishor Agrawal v. Real Gem Buildtech (P.) Ltd.
Satyam Infracon v. Gujarat Real Estate Regulatory Authority
Bright Sky Heights Builders & Developers (P.) Ltd. v. Rajendra Eknath Pawar
Dr. Sanjay Pandurang Kalate v. Lavim Developers (P.) Ltd.
Om Shanti Ambika Welfare Association v. Rajguru Developers (P.) Ltd.
CCI Projects (P.) Ltd. v. Rival Park Wintergreen Buyers Association
Mohit Melwani v. A.A. Estates (P.) Ltd.
DN Nagar Samrat CHS Ltd. v. Umanath Agrawal
Dinesh Humane v. Piramal Estate (P.) Ltd.
Bijon Dhirendra Talukdar v. Dhruva Woolen Mills (P.) Ltd.
Abhishek Anuj Sukhadia v. Pragatej Builders & Developers (P.) Ltd.
Oberoi Constructions Ltd. v. Asset Auto (I) (P.) Ltd.
Pradip Mehta v. Sylvanus Properties Ltd.
Mrs. Jyoti K. Narang v. CCI Projects (P.) Ltd.
SLB Welfare Association v. PSA IMPEXP Ltd.
Bharat Narendra Mistry v. Realgem Buildtech Pvt. Ltd.
RERA Authority's Case Laws
Techno Drive Engineer Pvt. Ltd. v. Renaissance Indus Infra Pvt. Ltd.
Amit Agarwal v. Godrej Properties Ltd.
Dr Suresh Kumar Arora & Dr Reema Arora v. Emmar MGF Land Ltd.
Sushant Karkera v. Conoor Builders Pvt. Ltd.
Niranjan Dashpute v. Rajkumar Nivrutti Saste
Gaurav J. Desai v. Bhanushri Realities