In February 2023, the Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has made some significant updates and announcements. One of the most notable developments is that the UP RERA has fined 13 real estate promoters for violating various provisions of the RERA Act.

Additionally, the Supreme Court has made two crucial rulings related to land acquisition. The first ruling states that there will be no deemed lapsing of acquisition if possession has been taken but has not been compensated.

  1. 13 REAL ESTATE PROMOTERS FINED BY UP RERA

According to a statement released on Wednesday, 15th February, 2023 the Uttar Pradesh Real Estate Regulation Authority fined 13 property promoters a total of Rs 1.39 crore for disobeying its directives. The authority has used its jurisdiction granted by RERA Act section 38/63, which allows it to fine non-compliant promoters up to 5% of the project cost. Sikka Infrastructure Pvt., Ltd., Gardenia India Pvt. Ltd., HeBe Infrastructure Pvt. Ltd., Parsvnath Developers Pvt. Ltd., Shubh Advertisers Pvt. Ltd., Solitaire Infrahomes Pvt. Ltd., Supertech Township Projects Pvt. Ltd., Uppal Chaddha High-Tech Developers Pvt., Ajnara Realtech Limited, ATS Realty Pvt. Ltd., Mahagun (India) Pvt. Ltd., Lakshya Realinfra Pvt. Ltd., and Capital Infratech Homes Pvt. Ltd are some of the non-compliant promoters.

The promoters have been ordered by the authority to pay the fine within 30 days; otherwise, it would be reclaimed as unpaid land revenue. They were also told to produce a report on how well their directions were being followed within 15 days.

Please feel free to contact RERA Consultant the undersigned if you need any clarification for the same.

  1. NO DEEMED LAPSING OF ACQUISITION WHERE POSSESSION HAS BEEN TAKEN BUT HAS NOT BEEN COMPENSATED: SUPREME COURT

https://main.sci.gov.in/supremecourt/2022/28000/28000_2022_4_1505_41935_Judgement_17-Feb-2023.pdf

 

  1. BECAUSE THE AWARD HAS ALREADY BEEN ANNOUNCED, THE SUBSEQUENT PURCHASER HAS NO RIGHT TO CONTEST THE ACQUISITION PROCEEDINGS OR CHALLENGE THE LAPSE OF THE ACQUISITION: SUPREME COURT

https://main.sci.gov.in/supremecourt/2022/24437/24437_2022_4_1504_41935_Judgement_17-Feb-2023.pdf

DISCLAIMER: The information in this message is a legal update on provisions of Real Estate (Regulation and Development) Act, 2016 and may be legally privileged. It is intended solely for the addressee and for updating its legal provisions awareness and knowledge.