The Bombay High Court on Wednesday directed the Maharashtra government to file an affidavit on the status of constituting a cell to monitor and prevent illegal construction.

HC asks Maharashtra govt about status of monitoring cell for illegal construction

The Bombay High Court on Wednesday directed the Maharashtra government to file an affidavit on the status of constituting a cell to monitor and prevent illegal construction across the Mumbai Metropolitan Region (MMR). The court also directed the commissioners of Brihanmumbai Municipal Corporation (BMC) and other civic bodies in the MMR to personally explain why laws pertaining to illegal constructions were not being implemented.

In 2018, the High Court had passed a detailed order on taking action against illegal structures in the city and had directed the BMC to constitute a supervisory cell dedicated to monitoring such construction, taking punitive and preventive action, etc.

A bench of Chief Justice Dipankar Datta and Justice G S Kulkarni on Wednesday noted that the civic body had failed to constitute such a cell and to implement several other directions passed in the 2018 order.

The bench said the city and the entire MMR had witnessed rampant illegal construction through the years.

Instances of illegal construction had not stopped even during the lockdown imposed in view of the COVID 19 pandemic, the court said, adding that the picture would have been different if the supervisory cell had been constituted.

There was no “will” on the state’s part, the court said.

“The commissioners must be held accountable for not ensuring that the laws are enforced,” it said.

These observations were made when the bench was hearing suo-motu proceedings against dilapidated buildings and illegal structures taken up after one such building collapsed in Bhiwandi on September 23, 2020.

Earlier this year, during a hearing in the matter, the High Court had directed the BMC and the civic bodies of Thane, Navi Mumbai, Kalyan-Dombivli, Vasai-Virar, Mira-Bhayandar, Ulhasnagar and Bhiwandi-Nizampur to furnish details of punitive action taken against illegal structures in areas under their respective jurisdiction.

The court on Wednesday directed all these civic bodies to file fresh affidavits with the exact number of illegal structures under their jurisdiction.

It also suggested that the BMC come up with a separate policy for illegal commercial premises.

No one must be permitted to earn profits from such structures and that illegal commercial structures must be the first to be razed, the court said.

Source: https://realty.economictimes.indiatimes.com/news/regulatory/hc-asks-maharashtra-govt-about-status-of-monitoring-cell-for-illegal-construction/81451112

The RERA Karnataka has made public a list of 32 projects across the state which have violated guidelines laid by it when releasing advertisements.

RERA cracks the whip on real estate promoters over advertisements

The Real Estate Regulatory Authority-Karnataka (RERA-K) has made public a list of 32 projects across the state which have violated guidelines laid by it when releasing advertisements. All projects in the state need to mandatorily register under RERA and this number should figure in every advertisement by the promoter under Section 11 of the Act.

The 32 projects that have been listed on the RERA portal for violations are — Devagiri Emaralds, Golden Springs, Century Greens, Century Greens Phase-2, Sangam Grand, JR Habitat, Elmwood Phase-2, Aastha Properties Phase-3, Chaitanya Samarth, Century Ethos, and Centreo. RERA Secretary K S Lathakumari said, “Promoters have the responsibility of notifying the RERA registration number.

Those who have not done so, should realise this and also educate home buyers in this regard.” Under Section 11 (2) of the Act, “The advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters incidental thereto.”

M S Shankar, General Secretary, Forum for People’s Collective Efforts, told The New Indian Express, “We welcome the maiden initiatives of K-Rera which has started to analyse the advertisements of projects and issuing notices to those violating the advertisement norms per RERA Act. This kind of action will go a long way in helping home buyers from misleading advertisements.”

Source: https://www.newindianexpress.com/states/karnataka/2021/mar/01/rera-cracks-the-whip-on-real-estate-promoters-over-adverts-2270296.html

Finally, the Housing and Urban Development Department has started an exercise for the appointment of Chairperson and two Members of the Authority by inviting applications from the eligible persons.

Finally, Govt sets into motion exercise for setting up of RERA

The dilly-dallying approach in the establishment of Real Estate Regulatory Authority (RERA) in the Union Territory of Jammu and Kashmir has finally come to an end with Housing and Urban Development Department setting into motion an exercise for the appointment of Chairperson and two Members and formal orders are likely to be issued by the end of next month.

The Parliament in the month of March 2016 had enacted the Real Estate (Regulation and Development) Act for regulation and promotion of real estate sector and to ensure sale of real estate projects in an efficient and transparent manner and to protect the interest of consumers.

The Section 84(1) of the Act confers powers on the Governments of States and Union Territories to frame Rules to carry out the implementation of law. In exercise of this power, the Government of Union Territory of Jammu and Kashmir framed J&K Real Estate (Regulation and Development) Rules, 2020 and the same were notified by the Housing and Urban Development Department on July 22, 2020.

However, no immediate steps were initiated for establishment of Real Estate Regulatory Authority and the dilly-dallying approach was highlighted by EXCELSIOR in its edition dated December 3, 2020. It was revealed that implementation of Central Law could not begin even several months after the framing of Rules in the absence of Real Estate Regulatory Authority.

Finally, the Housing and Urban Development Department has started an exercise for the appointment of Chairperson and two Members of the Authority by inviting applications from the eligible persons. All these applications will be placed before a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Housing and Urban Development Department and Secretary of Department of Law, Justice and Parliamentary Affairs strictly as per Section 22 of the Real Estate (Regulation and Development) Act, 2016.

It is pertinent to mention here that a person having adequate knowledge of and professional experience of at least 20 years in urban development, housing, real estate development, infrastructure, economics etc is eligible for the pose of Chairperson while as for the posts of Members 15 years experience has been fixed and eligibility criteria is same.

Moreover, a person who is or has been in the service of the Government shall not be appointed as Chairperson unless such person has held the post of Additional Secretary in the Central Government or any equivalent post in the Central Government or State Government.

Sources disclosed that entire exercise vis-à-vis setting up of Real Estate Regulatory Authority by appointing Chairperson and Members will be completed by the end of next month so as to ensure that fast expanding real estate sector in the Union Territory of Jammu and Kashmir is regulated in a transparent manner.

“The Authority will have the powers to direct the promoter, allottee or real estate agent to furnish in writing information or explanation and requisition any public record or document or copy of such record from any office”, sources said, adding “after the establishment of Authority, the Government will initiate steps to set up Real Estate Appellate Tribunal so that any person aggrieved by any direction or decision or order made by the Authority may prefer an appeal before the Appellate Tribunal”.

They further said, “there is also a provision in the Act that until the establishment of an Appellate Tribunal, the Government may designate by order any Appellate Tribunal functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act”.

It is pertinent to mention here that since real estate sector is growing fast in the length and breadth of Union Territory of Jammu and Kashmir there is a dire need for regulating in most transparent manner. Everybody-promoter, allottee and real estate agent have been covered under the Act and Rules so that the sector is regulated properly.

Source: https://www.dailyexcelsior.com/finally-govt-sets-into-motion-exercise-for-setting-up-of-rera/

The Real estate Regulatory Authority of Himachal Pradesh ordered to recover the entire amount paid by the complaints from developers and builders in violation of the norms. Read the RERA update to know more.

HP RERA orders builders to refund dues with interest

The Real Estate Regulatory Authority of Himachal Pradesh on Wednesday ordered to recover the entire amount paid by the complaints from the developers and builders in violation of the norms, deciding dozens of complaints pending before the authority here.

The authority had received 14 different complaints against Rajdeep and Company Infra Pvt Ltd and others.

Out of 14 complaints received against the above promoters and developers, 12 complaints have been decided in favour of allottees and two other complaints were pending for hearing in respect of the project named as Himalaya Residency, located at Bharari in Shimla.

Source: http://www.uniindia.com/hp-rera-orders-builders-to-refund-dues-with-interest/north/news/2321605.html

RERA Bihar has ordered the confiscation of all properties of the directors of Agrani Homes Private limited and freezing of their bank accounts.

Confiscate property of Agrani directors: RERA

The Real Estate Regulatory Authority (RERA), Bihar has ordered confiscation of all movable and immovable property of the present and previous directors of Agrani Homes Private Limited and freezing of their bank accounts.

The order was passed by the bench of RERA, Bihar chairman Afzal Amanullah and member R B Sinha on February 10. The two were hearing a bunch of complaints filed by the aggrieved real estate buyers, who have made payments to Agrani Homes but have not got possession of the property.

The RERA has also ordered that utilisation of a building constructed on a residential plot in Patliputra area by Ruben Hospital (Ruben Patliputra Hospital Pvt Ltd) be stopped until further orders or an approval from Patna Municipal Corporation (PMC) for utilisation of the residential property as a hospital, whichever is earlier. Ruben Hospital has been asked to explain why they were using the building for medical purposes without proper deed as well as authorisation from PMC.

The RERA has also ordered that utilisation of a building constructed on a residential plot in Patliputra area by Ruben Hospital (Ruben Patliputra Hospital Pvt Ltd) be stopped until further orders or an approval from Patna Municipal Corporation (PMC) for utilisation of the residential property as a hospital, whichever is earlier. Ruben Hospital has been asked to explain why they were using the building for medical purposes without proper deed as well as authorisation from PMC.

The RERA bench has observed that a part of the money paid by Ruben Hospital for buying the land at Patliputra was used by Agrai Homes for closure of a loan account of Indus Ventures, a firm run by Vijaya Raj Laxmi, wife of Alok Kumar, managing director of Agrani Homes.

The RERA has stated in its order that all moveable and immoveable property of Alok, his wife Vijaya and their son should be brought under the lien of RERA with immediate effect. Similarly, all moveable, immovable properties and bank accounts of all its present and previous directors, their spouses, dependent children and all their power of attorney holders have been frozen.

Source: https://timesofindia.indiatimes.com/city/patna/confiscate-property-of-agrani-directors-rera/articleshow/80901356.cms

The UP-RERA has levied a penalty of over Rs 1.93 crore to 14 promoters over non-compliance of its orders.

UP-RERA penalises Supertech, Parsvnath, Logix Infrastructure, others

The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has levied a cumulative penalty of over Rs 1.93 crore to 14 promoters over non-compliance of its orders under Section 63 of the RERA Act.

Supertech, Parth Infrabuild, Radicon Infrastructure & Housing, IVR Developers, Logix Infrastructure, Harsha Associates, Parsvnath Developers, Green Bay Infrastructure, Green View Cooperative Housing Society, Quality townshipm Rudra Buildwell, Buland Buildtech, Kindle Infraheights, J.S.S. Buildcon have been penalised.

Section 63 of the RERA Act empowers the authority to impose penalties up to 5 percent of the cost of the project for non-compliance of its orders.

The promoters have been ordered by the authority to ensure that the penalty amount is deposited through a demand draft drawn in favour of the authority within 30 days.

Rajive Kumar, chairman, UP-RERA said, “The authority is taking the compliance of orders passed seriously in order to provide justice to the home buyers. In cases of violation of the order speedy proceedings will be taken to complete the hearing before the concerned bench of the authority, impose penalty and ensure recovery on the basis of the findings and recommendations of the bench.”

It was also decided by the Authority that if the concerned promoter does not pay the penalty within the stipulated period, then the recovery certificate will be issued and District Magistrate will be commissioned to recover the amount as arrears of land revenue.

“The penalty will be imposed on a daily basis under Section-63 of the Act. The increase in penalty amount at the same daily rate will continue to happen till the time the promoter deposits the penalty amount and ensures full compliance of the order of the authority,” added Kumar.

So far, a total of Rs. 5.86 crore worth of penalty has been imposed on 24 promoters.

The authority has previously sent Recovery Certificates against two promoters for a cumulative sum of Rs 1.47 crore which have already been sent to District Magistrate, Lucknow for recovery. This decision has been taken by the authority to punish the promoters who are continuously failing to comply with the orders, result of which the allottees are being denied their dues.

Source: https://realty.economictimes.indiatimes.com/news/regulatory/up-rera-penalises-supertech-parsvnath-logix-infrastructure-others/80718614

Haryana Real Estate Regulatory Authority (HRERA), Gurugram has imposed a penalty of Rs 2.25 crore on three builders and also ordered demolition.

Haryana-Rera fines 3 builders Rs 2.25 crore, tells MCG to demolish illegal structures

Haryana Real Estate Regulatory Authority (HRERA), Gurugram has imposed a penalty of Rs 2.25 crore on three builders, besides ordering demolition by the Municipal Corporation of Gurugram of unauthorised construction. The action has been taken against the builders for advertising and selling their projects without getting them registered under the RERA Act.

The orders were passed by K K Khandelwal, chairman, HRERA, Gurgaon for violation of Section 3 (1) of the Real Estate (Regulation and Development) Act, 2016 by SPS Homes Builders and Developers, Vistaar Group and Royal Infra Buildtech. They have been asked to pay penalty of Rs 1 crore, Rs 75 lakh and Rs 50 lakh, respectively. MCG commissioner has been asked to demolish the unauthorised construction.

The main allegation against these builders was that they were advertising/marketing and selling apartments in their projects; SPS Homes (Sector 30), Saffron Homes (Sector 67) and Royal Homes (Sector 39) respectively through online portals and indulging in unauthorised construction.

The Real Estate (Regulation and Development) Act, 2016, which came into force on May 1, 2017, states that promoters are required to register the project before advertisement/marketing/selling of any plot, apartment or building, as the case may be, in any real estate project.

The authority had taken serious view of the malpractices being carried out by promoters without getting their real estate projects registered with H-Rera, Gurugram.

“Strict action of the authority will send the right signal to errant builders and go a long way in reposing faith of the allottees. Such strict action will also act as a deterrent for other builders who remain non-compliant towards the Act and the directions passed by the authority ,” said an official.

The RERA Act was enacted for regulation and promotion of the real estate sector and to ensure sale in an efficient and transparent manner to protect the interests of consumers.

Source: https://timesofindia.indiatimes.com/city/gurgaon/h-rera-fines-3-builders-rs-2-25cr-tells-mcg-to-demolish-illegal-structures/articleshow/80519339.cms

RERA Karnataka will impose a fine of Rs 10,000 per month on builders for not filing quarterly updates on the project status.

RERA to levy delay fee on builders across Karnataka

The Real Estate Regulatory Authority-Karnataka (RERA-K) will impose a fine of
wwRs 10,000 per month on builders across the State for not filing quarterly updates on the status of their projects, which is mandatory under the RERA Act. As per statistics available on its portal, the updates have not been uploaded for 811 projects.

RERA-K Chairperson K S Lathakumari told The New Indian Express, “The quarterly updates need to be compulsorily updated by the builders as they give the buyers an idea of the physical progress of the houses. The financial details pertaining to the amount collected as well as the amount spent so far too need to be updated.” She said that this pertains only to the period up to December 2019. “We have given a waiver for the year 2020 for all the projects due to Covid-19. However, the updates have not been filed even for the previous year by the builders,” she said.

A ‘Delay Fee’ of Rs 10,000 per month would be imposed on each project, she said. “A common reason given for not filing quarterly updates was that the job was handed over by them to a consultant or a third party or even an employee who had quit. Some of them do not even know their login ID to update their projects. Hence, we have asked them to apply for it again online and update the reports.”

As per statistics available, 512 projects have not applied for extension on the RERA portal. Of these, 413 projects have not filed quarterly updates even for a single financial quarter. Out of another 515 projects that are ongoing ones, 398 have not filed quarterly updates. Action would be initiated under RERA Act under these provisions: Sections7 (3) revocation, Section 34 (1) and Section 63.

A total of 126 projects are set to get exemption from the penalty. “Of these, a total of 39 projects that had applied for a deadline extension to complete their projects would be allowed to do so and file quarterly updates within a month without delay fee,” the chairperson said. “Another 87 projects have applied for an extension and their applications are pending. Even they would get a month’s time to file their updates without the delay fee,” she added.

Source: https://www.newindianexpress.com/cities/bengaluru/2021/jan/19/rera-to-levy-delay-fee-on-builders-across-karnataka-2252000.html

The Uttar Pradesh real estate regulatory authority (UP Rera) has ordered an FIR against a developer for allegedly obstructing a government team from checking for illegal construction at his site.

RERA orders FIR against Mathura developer

The Uttar Pradesh real estate regulatory authority (UP-Rera) has ordered an FIR against a developer for allegedly obstructing a government team from checking for illegal construction at his site in Vrindavan, Mathura.

The authority, with the mandate to safeguard rights of homebuyers, also decided to impose a heavy penalty against the developer for selling flats illegally.

“We had received a complaint that the developer had developed and started selling units in a realty project without obtaining a registration number from us. The developer also obstructed officials doing their job. Therefore, we have ordered filing of an FIR in Vrindavan,” said Rajive Kumar, chairperson, UP-Rera. “The penalty will be 10% of total project cost. We have started the process of imposing the penalty. Our team will calculate the total cost of the project to figuring out the penalty amount.”

The UP-Rera team had visited the site on Wednesday. They had video recorded the incidents that followed. The developer’s staff at the site could be purportedly seen obstructing them with one heard saying, “How can you enter my premises … I do not know what is Rera.” The video was later found published on social media.

This is time the Rera had faced such resistance, an authority officials said. The developer was unavailable for comment.

The confederation of real estate developers association of India said that no project should be sold out without approvals.

“We do not appreciate the act of interfering in officials’ work. To restore the homebuyers confidence the promoters should comply with all rules of regulations,” said Subodh Kumar secretary of CREDAI.

Source: https://www.hindustantimes.com/cities/others/rera-orders-fir-against-mathura-developer-101610734961940.html

MahaRERA in a recent order directed a builder to pay the owner of a flat in its gateway project Rs 60 lakh for delay.

MahaRERA asks builder to pay buyer Rs 60 lakh for delay

MahaRERA in a recent order directed Conoor Builders to pay the owner of a flat in its Gateway project at Andheri west interest at marginal cost lending rate of SBI plus 2% for a nearly three-year delay in possession. The flat buyer’s lawyers pegged the amount at around Rs 60 lakh.

MahaRERA member, Vijay Satbir Singh, in his order has also stated the builder cannot shift its statutory liability to the land owner as there is no privity of contract between the complainant and the land owner since it is not party to the registered sale agreement executed between the complainant and the respondent.

Sushant Karkera booked a flat valued at approximately Rs 2 crore in 2014. The builder was liable to hand over possession on or before December 31, 2016. However, the complainant, through his representative chartered accountant Ashwin Shah and advocate Sandeep Manubarwala, stated the builder, without giving any intimation, extended the project completion date to December 2019, which was further extended till December 2020 while registering the project with MahaRERA.

Respondent Conoor Builders, represented by advocates Anil D’Souza and Saroj Agarwal, pointed out the project got delayed due to genuine and unavoidable difficulties attributable to land owner, AH Construction. The respondent also stated the complainant was aware that AH Construction was owner as well as promoter-owner of the property as the sale agreement clearly mentioned AH Construction has all obligations to procure requisite permissions for the said building.

However, the complainant contended he had no privity of contract with AH Construction and that he had paid money for the flat to the respondent. The complainant also relied upon earlier SC judgments in case of Vaidehi Akash Housing Pvt Ltd and Goregaon Pearl CHS and stated the owner is not liable to pay interest for delay in possession.

MahaRERA member Singh’s order also stated the complainant was no way concerned with the dispute between the land owner and the respondent.

The order stated if the project was getting delayed, then the respondent should have informed the complainant and should have revised the date of possession in the agreement by executing a rectification deed or should have offered a refund.

Source: https://timesofindia.indiatimes.com/city/mumbai/maharera-asks-bldr-to-pay-buyer-rs-60-lakh-for-delay/articleshow/80179440.cms