Category: Regulatory

Keep up with important regulatory news affecting real estate, including government policies, tax reforms, compliance requirements, and RERA updates. Understand how these regulations impact developers, investors, and buyers.

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Bombay HC Stops Flat Split, Backs Society’s Appeal

MUMBAI: The Bombay High Court has firmly opposed the conversion of a single housing unit into two apartments. On October 10, the court upheld a suburban society’s request to deny permission for structural modifications that would divide a flat into separate units. The interim order issued will remain effective until further directives are provided, ensuring the protection of the society’s rights until a final decision is made. The court noted that the society appears to have a compelling case for interim relief. Notices have been issued to the two residents of the flat, with the next hearing scheduled for November…

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Bombay HC: Courts Can’t Make Banks Change Loan Terms or OTS

Here’s a rewritten version of the content you provided: NAGPUR: The Nagpur bench of the Bombay High Court has ruled that banks cannot be compelled to alter loan agreement terms or extend benefits of a One-Time Settlement (OTS) scheme to borrowers or guarantors. A division bench comprising Justices Anil Kilor and Rajnish Vyas stated, “Issuing a writ of mandamus under Article 226 of the Constitution would not serve justice by directing the bank to consider OTS benefits for the borrower or guarantor. We cannot order the bank to amend the terms of the agreement.” The ruling was made last Friday…

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FIR Against Ocean Seven Buildtech for ₹217 Crore Housing Scam

GURUGRAM: The Economic Offences Wing (EOW) of Delhi Police has initiated an FIR against Ocean Seven Buildtech Pvt. Ltd. (OSB) and its Managing Director Swaraj Singh Yadav for allegedly deceiving homebuyers and misappropriating funds from the Expressway Towers project in the region. Launched in December 2016 under the Pradhan Mantri Awas Yojana (Urban), the project has yet to be completed, despite receiving over ₹217 crore, which amounts to over 95% of the buyer payments. The project, which includes 1,089 flats (1BHK and 2BHK) situated across 7.5 acres, had promised possession by 2022. The FIR, lodged on October 15, resulted from…

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Two Pune Officials Suspended for Ignoring Illegal Builds

PUNE: The Pune Municipal Corporation (PMC) has suspended two officials from the TDR department for allegedly allowing the construction of two unauthorized floors at a property in Baner. Municipal Commissioner Naval Kishore Ram took disciplinary action against junior engineer Shubhangi Tarukmare and deputy engineer Sandeep Misal under section 56(2)(F) of the Maharashtra Municipal Corporations Act, pending a departmental inquiry. As per the order, the construction of the sixth and seventh floors was proposed through the additional use of TDR, exceeding the approved plan. However, construction on the sixth floor has already been completed, and work on the seventh floor is…

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Karnataka HC Reverses Decision on Firm’s Building Plan

Sure! Here’s a rewritten version of the content: BENGALURU: A division bench of the Karnataka High Court, led by Chief Justice Vibhu Bakhru, has annulled a previous ruling mandating the Greater Bengaluru Authority to endorse a revised building plan from Sangam Enterprises, providing significant relief to the civic body. Sangam Enterprises aimed to utilize a Transferable Development Rights (TDR) certificate issued on April 18, 2015, to augment the height of their 5,630 sqm property, encompassing two adjacent plots on Dhanvantari Road and Subedar Chatram Road in the Majestic area of Bengaluru. The proposed changes sought to elevate the building height…

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Bombay HC Imposes Daily Fine on Builder for Fire NOC Delay

MUMBAI: The Bombay High Court has granted significant relief to flat owners in Kandivali West who have been unable to secure Fire Clearance Certificates (NOC) and Occupation Certificates (OC) for over a decade. In a decisive ruling, the court asserted that should the builder fail to obtain the Fire NOC within the specified timeframe, they will incur a penalty of Rs 50,000 for each day of delay. This penalty will be submitted to the Brihanmumbai Municipal Corporation (BMC) until the NOC is granted. Additionally, as the flat owners have not yet formed a society, the court mandated that once established,…

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Karnataka HC: Building Plans Must Meet Norms for Approval

BENGALURU: The Karnataka High Court has determined that the regulations applicable to building plan approvals are those in effect at the time of sanction, not at the initial application submission. A single-judge bench, led by Justice Suraj Govindaraj, dismissed a writ petition filed by a property developer who contested the rejection of his building plan by municipal authorities. The developer asserted that his application should adhere to the norms that existed prior to subsequent amendments to the building by-laws. The court rejected this argument, clarifying that the mere act of applying does not confer any vested rights to the applicant.…

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Secunderabad Cantonment Board Raises Property Tax Over 100%

HYDERABAD: Property owners in the Secunderabad Cantonment Board (SCB) are facing more than a double increase in their property tax due to a recent revision that has raised the rates by over 100%. Typically, property tax adjustments are made by cantonment boards every three years. While some increase is common, residents are concerned that this latest adjustment is unprecedented. Previous hikes have rarely exceeded 30%, exacerbated by fears of losing their properties and tenants due to the anticipated road widening and elevated corridor project. “Notices about the tax increase started arriving three to four months ago, especially for properties along…

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Orissa HC Orders Arrest of Promoters for CRZ Violations in Puri

BHUBANESWAR: In a bid to protect the environment, the Orissa High Court recently mandated the superintendent of police in Puri to arrest the promoters of a significant residential-cum-commercial project in Puri, which allegedly violated coastal regulatory zone (CRZ) norms. A complaint was initially lodged by a Puri resident with the Ministry of Environment, Forest and Climate Change, prompting an inquiry into the project. This led to the Odisha Coastal Zone Management Authority getting involved. In July, the Puri-Konark Development Authority (PKDA) intervened and ordered the promoters to halt construction on the site. Some promoters subsequently challenged this order in the…

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SC Calls Rajasthan Housing Board Land Encroachment ‘Absolute Scam’

NEW DELHI: The Supreme Court labeled the encroachments on lands acquired for the Rajasthan Housing Board as an “absolute rank scam,” with allegations of collusion at all levels. Justices Vikram Nath and Sandeep Mehta noted that multiple Rajasthan High Court rulings had established that authorities cannot regularize these illegal constructions. “Several benches have attempted to ensure the land is reclaimed, but the influential individuals behind this scam prevent it,” stated Justice Mehta. This commentary came during a hearing on a plea from the Rajasthan government, which was contesting an August 20 high court order. The high court had suspended a…