Taxmann’s RERA Case Law Digest – Compendium of Jurisprudence on Real Estate (Regulation and Development) Act 2016

This book is an exhaustively curated compendium that captures the essence of the Real Estate (Regulation and Development) Act, 2016 (RERA) through a detailed collection of judicial decisions and legal interpretations spanning over seven years. It covers landmark judgments and legal developments from the Hon’ble Supreme Court, various High Courts, State RERA Appellate Tribunals, and RERA Authorities.

This book benefits many professionals and stakeholders in the real estate sector, including developers, builders, agents, brokers, and property managers. Legal practitioners, including lawyers, advocates, and in-house counsel for real estate companies, will find it invaluable. The book is also beneficial for scholars and academicians, such as law professors, researchers, and law and real estate management students. Policymakers and regulators, including government officials, legislators, and regulatory authorities, will find it helpful in understanding and enforcing RERA provisions. Additionally, homebuyers and consumers, prospective homebuyers, consumer rights organizations, financial institutions, and investors, including banks and real estate investors, will find this book helpful for navigating the complexities of the real estate sector.

The Present Publication is the Latest Edition, authored by Adv. (CA) Mahadev Birla, Adv. (CA) Nipun P Singhvi, CS Richa Birla. And Adv. Vishal J Dave. The noteworthy features of the book are as follows:

• [Jurisprudence]
  • Case Law Compilation – Presentation of judgments from the Supreme Court, High Courts, and State RERA Appellate Tribunals
  • Legal Evolution – Detailed documentation of the legal evolution of RERA, providing readers with a thorough understanding of the Act’s development over time
  • Scholarly Discourse – In-depth analysis and scholarly discussion of RERA jurisprudence, empowering readers to understand the legal precedents and interpretations
• [Interaction with Other Legal Frameworks]
  • Insolvency and Bankruptcy Code (IBC) – Analysis of how RERA interacts with insolvency proceedings and the implications for stakeholders
  • Consumer Protection Laws – Examination of the role of consumer rights within the real estate sector and how RERA supports these rights
  • SARFAESI Act – Understanding of how real estate assets are affected under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act
• [Comprehensive Coverage and Practical Insights]
  • Up-to-Date Information – Incorporates the latest case laws and developments, ensuring readers are informed of recent changes
  • Practical Application – Provides practical analysis for practitioners, scholars, and policymakers to apply RERA provisions effectively
  • Navigational Aid – Provides tools for understanding and navigating the complexities of RERA and its interplay with other significant legal frameworks
• [Detailed Analysis]
  • Jurisprudence
    • Legal Principles and Precedents – Discusses foundational legal principles, significant precedents, and evolving interpretations related to RERA
    • Judicial Evolution – Analyzes how courts have shaped RERA’s application and enforcement over time
  • Function and Duties of RERA Authority
    • Regulatory Role – Examines the authority’s responsibilities in enforcing RERA provisions
    • Compliance and Enforcement – Details how the RERA Authority ensures compliance and handles violations
  • Real Estate Tribunal and Authority
    • Structure and Functioning – Reviews the organizational structure, functioning, and significance of Real Estate Tribunals and Authorities
    • Case Studies – Provides real-world examples of Tribunal decisions and their impact on the real estate sector
  • Parallel and Overriding Jurisprudence
    • Interaction with Other Laws – Analyzes how RERA interacts with other legal frameworks and the resultant legal outcomes.
    • Conflict Resolution – Analyses the mechanisms for resolving conflicts between RERA and other laws
  • Constitutional Challenges
    • Legal Challenges – Investigates significant legal challenges to the constitutionality of RERA
    • Court Rulings – Summarizes significant court rulings on the constitutionality of RERA and their implications