RERA
3 articles
Common Areas, RERA, and the Arbitration Clause: Calcutta High Court Declines to Disturb Interim Protection for a Condominium's Shared Spaces
In Forum Projects Private Limited v. Gaurav Karnani, the Calcutta High Court upheld an arbitral tribunal's order appointing a surveyor and restraining a developer from altering the common areas of a Kolkata condominium, holding that protective interim measures under Section 17 of the Arbitration and Conciliation Act do not require the tribunal to first decide a pending objection to arbitrability, and declining itself to rule on whether RERA ousts arbitration over common-area disputes.
13 min readSupreme Court Holds NOIDA Cannot Deny 'Zero Period' Relief Over an Access Road It Never Built
Dismissing NOIDA's appeal, the Supreme Court has held that a public authority's own policy for excusing stalled construction cannot be read as strictly as a statute, and that a developer left without the frontage its lease deed promised is entitled to relief regardless of whether some other, inferior access existed.
13 min readA Homebuyer Who Splits One Grievance Into Serial RERA Complaints Can Lose All of Them, High Court Holds
A flat buyer who exhausted three rounds of RERA complaints over the same apartment learned that filing them one after another, rather than together, can cost him the last one entirely. The Punjab and Haryana High Court's ruling reaches every allottee tempted to hold a grievance back for a later round.
12 min read