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The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has resolved to utilise the provisions of the Civil Procedure Code (CPC) for order implementation and to delegate authority to adjudicating officers for strict enforcement. In the 94th meeting of the authority, a more effective policy for enforcement of orders made by RERA on complaints of allottes was laid forth. Section-40(1) of the RERA Act and Rule-23 of the UP RERA provide for the recovery of amounts owed to allottees by the promoter, such as arrears of land revenue. Recovery of amounts received by allottees under UP RERA orders is being collected through the concerned District Magistrates, such as arrears of land revenue, and till now in 1790 cases Rs 282 crore has been recovered and transferred to the complainant/allottees' accounts. In addition, many complaints have resulted in settlements totaling Rs 475 crore. Section-40(2) of the RERA Act and Rule-24 of the U.P. provide legal provisions for the implementation of other RERA orders, such as grant of possession to allottees and registration of allottee units. RERA Regulations. Rule-24 specifies that such orders shall be implemented by RERA in the same manner as if the order in question was a decree of the major civil court. RERA has implemented about 3000 orders out of the 5586 applications received for order implementation, accounting for approximately 54 percent of the requests received for order implementation. RERA is directed to submit the compliance report of the order within 15 days of receiving the application for implementation of the order from the complaint by sending a notice to the promoter and the concerned Bench in case of non-compliance of the order by the promoter despite RERA's notice. The process of implementation is being taken, after hearing both the sides. Normally, after the project is completed, possession is given to the complainants/buyers in accordance with RERA rules. However, in some cases the authority has noted that even after acquiring the "Occupancy Certificate", allottees are encountering problems in getting the possession. "The decision was reached to make the mechanism of implementation of such orders more resilient and effective. RERA will take action in such circumstances under the authority granted by Order 21 of the CPC (Civil Procedure Code). To carry out RERA's possession and registry orders, appropriate steps will be taken to attach the property in question, appoint a receiver, have the registry executed through the receiver, and transfer over ownership "stated the authority Former district judges who work in the NCR and Lucknow offices of U.P. RERA shall be referred and authorised to take the above action. Higher penalties will be levied for non-compliance with RERA directives against promoters who, despite project completion, are evasive in giving possession to allottees. ...
According to a senior official from the ministry of housing and urban affairs, a detailed note on the Centre's recent decision on the formation of the committees was sent to all ministries on Thursday. The ministry of housing and urban affairs will organise committees involving stakeholders from each state, including homebuyers, developers, and RERA officials, to investigate incidents in which real estate regulatory authorities' instructions have not been followed. The Real Estate (Regulation and Development) Act has been in effect for five years. However, noncompliance with real estate authorities' orders is a source of concern, particularly for several afflicted homebuyers. The homebuyers' forum raised the issue at the Central Advisory Council meeting. Summarized: The ministry of housing and urban affairs will organise committees involving stakeholders etc. from each state. The committees will investigate incidents in which real estate regulatory authorities' instructions have not been followed. Noncompliance with real estate authorities' orders is a source of concern for several dissatisfied homebuyers. ...
The Punjab and Haryana High Court has urged Punjab, Haryana, and the Union Territory of Chandigarh to explain why housing developments created by state agencies/boards should not be placed within the ambit of the Real Estate Regulatory Authority (Rera). The High Court issued these rulings after noting that multiple cases have been filed by residents of these states expressing their dissatisfaction with the state authorities' failure to deliver on promises made in the development of various housing developments. As of now, only housing developments created by various private agencies in the real estate sector are required to be registered under the RERA. Summarized: Housing developments created by state agencies/boards should not be placed within the ambit of the Real Estate Regulatory Authority (Rera), HC has ruled. The ruling was in response to multiple cases filed by residents of Punjab, Haryana and Chandigarh. ...
The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) fined 9 promoters Rs 1.05 crore for failing to comply with its order. In its 93rd meeting, the authority reviewed the promoters' compliance with its orders. The authority discovered that some of the promoters disobeyed its directions despite the authority allowing them considerable time. Summarized: The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has fined nine real estate promoters Rs 1.05 crore for failing to comply with its order. The authority discovered that some of the promoters disobeyed its directions despite being given time to do so by the authority. ...
According to the Real Estate Regulatory Authority (RERA) Act, orders issued by the RERA or Adjudicating Officer must be carried out by the Revenue Department, and compensation; delay interest or deposit money must be recovered as arrears of land revenue to compensate homebuyers for their losses. However, the inefficiency of revenue officials has become a source of concern for hundreds of homebuyers, who have been forced to wait years for reimbursement. For example, RERA has referred 631 cases to the revenue department in order to recover a penalty of Rs 258 crore from 125 builders, but the revenue department has only recovered Rs 8 crore thus far, and it has yet to recoup Rs 250 crore from 614 cases. Home purchasers who used to visit builders' offices must now attend tahsildar offices to learn about the status of complaints referred by the RERA. Summarized: The inefficiency of revenue officials has become a source of concern for hundreds of homebuyers. RERA has referred 631 cases to the revenue department in order to recover a penalty of Rs 258 crore from 125 builders, but it has only recovered Rs 8 crore so far. ...
Jitendra Awhad, the housing minister of Maharashtra, has stated that the government will look into proposals for amendments to RERA in order to enhance redevelopment under the real estate regulatory body. "We will thoroughly investigate the matter," Awhad stated. The state government has reduced the permission of members from 70% to 51% for the redevelopment of housing societies. However, a decision on amending the Real Estate Act, 2016, to put rehabilitation of redevelopment projects totally within the purview of the Maharashtra Real Estate Regulatory Authority has yet to be made (MahaRERA). Summarized: The state of Maharashtra has reduced the permission of members from 70% to 51% for the redevelopment of housing societies. A decision on amending the Real Estate Act, 2016, to put rehabilitation of redevelopment projects totally within the purview of the Maharashtra Real Estate Regulatory Authority (MahaRERA) has yet to be made. ...
The Delhi Real Estate Regulatory Authority (RERA) has directed the city's four municipal corporations and the Delhi Development Authority (DDA) not to approve construction plans for projects that have not been registered with the authority. The decision came just days after the government mandated that builders register projects with a total developed area of more than 500 square metres, regardless of the number of flats built on it. Builders have been avoiding RERA registration by taking advantage of this gap, and the authority has urged the municipal corporation's cooperation to ensure transparency. Summarized: Delhi's real estate regulator has ordered not to approve projects that have not been registered with the authority. The decision comes just days after the government mandated that builders register projects with a total developed area of more than 500 square metres, regardless of the number of flats built on them. ...
The Delhi High Court ruled on Thursday that the Real Estate Appellate Tribunal lacks the authority to commence suo motu proceedings and overturned one such decision, which barred any construction activity in the capital unless the project was registered with RERA. "This court finds itself unable to appreciate the omnibus direction which ultimately came to be issued by the appellate tribunal. The appellate tribunal clearly and abjectly failed to bear in mind the true ambit of Section 3. It procedded on the incorrect and unfounded premise that all projects were liable to be complusorily registered under the Act," said justice Yashwant Varma, throwing aside two rulings made by the tribunal last year. The HC stated that the tribunal's suo moto proceedings "practically injuncted any construction activities in the NCT of Delhi." Summarized: The Real Estate Appellate Tribunal lacks the authority to commence suo motu proceedings, says the Delhi High Court. The tribunal's suo moto proceedings "practically injuncted any construction activities in the NCT of Delhi," said the court. It threw aside two rulings made by the tribunal last year. ...
On Monday, some 100 buyers from the Mahira Homes affordable housing project in Sector 68 objected outside the Haryana Real Estate Regulatory Authority (H-Rera) headquarters, seeking stern action against the developer. They requested that construction at the project site resume immediately. In a letter to the chairman of H-Rera The homebuyers stated in a letter to H-Rera chairman KK Khandelwal that the action plan should be provided with them by Friday. "Our objective is to get our homes and guarantee that strict action is taken against the developer by the regulatory body and town and country planning in connection with the cancellation of licence number 106 of 2017 dated in favour of Sai Aaina companies (Mahira group")," a group of homebuyers said. Summarized: Some 100 homebuyers protested outside the Haryana Real Estate Regulatory Authority's (H-Rera) headquarters in Gurugram. They requested that construction at the project site resume immediately. ...
In the journey of four years, UP-RERA has been able to dispose off almost 85% of the complaints which have been launched. Almost Rs 250 crore has been paid to buyers against their UP-RERA orders was the first which started online registration of the complaints. Almost all work is now online. In February 2020, we were the first to introduce e-courts. We also introduced RERA Samwad during lockdown to help home buyers which still continues and is very popular. ...
Gurugram bench of Haryana Real Estate Regulatory (HARERA) has issued notice to freeze all accounts associated with real estate firm Mahira Infratech. Mahira Infratech, formerly known as Sai Aaina Farms Pvt Ltd was developing an affordable group housing colony over an area of approximately 10 acres in sector 68. HARERA Chairman KK Khandelwal said, "We asked the bank to freeze the account of the company so that hard-earned money of innocent buyers can't be siphoned off to other purposes by the company. ...
The Uttar Pradesh Real Estate Regulatory Authority has authorized the promoter of the Vasundhara Grand project in Ghaziabad to complete the remaining construction work by May 2023. This is the 13th real estate project under rehabilitation to achieve completion under section – 8 of the RERA Act. The decision is as per the consent provided by the association of the allottees. ...
State development commissioner Vivek Kumar Singh on Friday said the Real Estate Estate Regulatory Authority (RERA), Bihar has brought transparency to the real estate sector. Addressing a workshop organized here to mark five years of implementation of the Real Estate (Regulation and Development) Act in Bihar, Singh said RERA-Bihar has dispelled the fears that the creation of the authority would lead to license raj in the real estate sector. ...
The housing and urban affairs ministry is compiling the rules notified by state governments under the real estate law, RERA, to assess the extent of dilutions they have carried out compared to the Central Act.This comes after the Central Advisory Council (CAC) headed by Union housing minister Hardeep Singh Puri recommended to the ministry to ensure that no entity dilutes the rules under RERA. ...
Government plans to set up a panel on RERA non Compliance India has decided to assess the reasons for non-compliance with orders issued by various chapters of the Real Estate Regulatory Authority (Rera)that were set up to ensure protection for troubled homebuyers. A committee including homebuyers and realty developers will be formed to examine different orders that have been passed by the state-specific authorities but have not been complied with yet. The government may also seek state government to provide their input in this matter with the objective of making Rera more effective and offering an impactful recourse mechanism to homebuyers. The decision to this effect was taken in the recent meeting of the Central Advisory Council (CAC). ...
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