Taxmann’s – RERA Case Law Digest – Compendium of Jurisprudence on Real Estate (Regulation and Development) Act 2016 – By Mahadev Birla, Nipun P. Singhvi, Richa Birla, Vishal J. Dave

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

This book covers the following case laws:

• Supreme Court’s RERA Case Laws
  • Newtech Promoters & Developers (P.) Ltd. v. State of U.P.
  • Chitra Sharma v. Union of India
  • Experion Developers (P.) Ltd. v. Sushma Ashok Shiroor
  • Imperia Structures Ltd. v. Anil Patni
  • Pioneer Urban Land & Infrastructure Ltd. v. Union of India
  • Union Bank of India v. Rajasthan Real Estate Regulatory Authority
  • Ansal Crown Heights Flat Buyers Association v. Ansal Crown Infrabuild Pvt. Ltd.
  • Forum for People’s Collective Efforts (FPCE) v. State of West Bengal
  • Imperia Structure Ltd. v. Baljor Singh Jakhar, etc.
  • Vishal Chelani v. Debashis Nanda
• High Court’s RERA Case Laws
  • Neelkamal Realtors Suburban (P.) Ltd. v. Union of India
  • Lavasa Corporation Limited v. Jitendra Jagdish Tulsiani
  • Man Global Limited v. Bharat Prakash Joukani
  • Goregaon Pearl CHSL v. Dr. Seema Mahadev Paryekar
  • Larsen and Toubro Limited v. Ms Rekha Sinha
  • CCI Projects v. Jyoti Narang
  • Narayan Realty Infrastructure v. State of Gujarat
  • Accrual Realities Pvt. Ltd. v. State of Madhya Pradesh
  • Renaissance Infrastructure v. Parth B. Suchak
  • Janta Land Promoters Private Limited v. Union of India
  • Experion Developers (P.) Ltd. v. State of Haryana
  • Paramount Prop Build Pvt. Ltd. v. State of UP
  • Pacifica (Chennai Project) Infrastructure (P.) Ltd. v. C. R. Chenthirkumaran
  • Chhattisgarh Grih Nirman Mandal v. Shrimati Preeti Singh W/o Mahendra Singh
  • NCPL Infracon LLP v. Jyotsna Shah
  • SARE Shelters Project Pvt. Ltd. v. SARE SQUIRES
  • Macrotech Developers Limited v. State of Maharashtra
  • Gujarat Real Estate Regulatory Authority v. Satyam Infracon
  • Union Bank of India v. Rajasthan Real Estate Regulatory Authority
  • Sanjay Ghiya v. Union of India
  • Experion Developers Private Limited v. State of Haryana
  • Habitech Infrastructure Ltd. v. State of U.P.
  • NBCC (India) Limited v. Joshy Varghese
  • Bombay Dyeing & Mfg. Co. Ltd. v. Ashok Narang
  • Ashok Palav Co-op. Housing Society Ltd. v. Pankaj Bhagubhai Desai
  • Janapriyo Real Estate Pvt. Ltd. v. State of West Bengal
  • Graceland Foundation v. Kerala Real Estate Regulatory Authority
  • GS Enterprises v. Yogesh Agarwal
  • Samruddhi Developers v. Kiran Vasant Verekar
  • Goa Real Estate & Construction Pvt. Ltd. v. State of Goa
  • U.P. Awas Evam Vikas Parishad v. Nishta Bhatnagar
  • Jayesh Tanna, Director of ITMC Developer (P.) Ltd v. Radha Arakkal
  • Hagwood Commercial Developers (P.) Ltd. v. Rahul Madhukar Deshmukh
  • Balaji Construction Company v. Anjusha Ajit Kadam
  • Wadhwa Group Housing (P.) Ltd. v. Vijay Choksi
  • Shravan D. Agarwal v. Sagar H. Saboo
• Appellate Tribunal’s RERA Case Laws
  • Udayachal Goregaon Co-operative Housing Society Ltd. v. Manoj Kumar Mistry
  • Pratham Square v. Gujarat Real Estate Regulatory Authority
  • Sanvo Resorts Pvt. Ltd. v. Ranveer Sharma
  • GMR Krishnagiri SIR Ltd. v. Tamil Nadu Real Estate Regulatory Authority
  • Manish Patel v. Crystal Yagnapurush Residential & Commercial Owners Associations (CYRCOA)
  • Rohit Chawla v. Bombay Dyeing & Mfg. Co. Ltd.
  • Ratul Lahiri v. Tata Housing Development Co. Ltd.
  • Pankaj Kishor Agrawal v. Real Gem Buildtech (P.) Ltd.
  • Satyam Infracon v. Gujarat Real Estate Regulatory Authority
  • Bright Sky Heights Builders & Developers (P.) Ltd. v. Rajendra Eknath Pawar
  • Dr. Sanjay Pandurang Kalate v. Lavim Developers (P.) Ltd.
  • Om Shanti Ambika Welfare Association v. Rajguru Developers (P.) Ltd.
  • CCI Projects (P.) Ltd. v. Rival Park Wintergreen Buyers Association
  • Mohit Melwani v. A.A. Estates (P.) Ltd.
  • DN Nagar Samrat CHS Ltd. v. Umanath Agrawal
  • Dinesh Humane v. Piramal Estate (P.) Ltd.
  • Bijon Dhirendra Talukdar v. Dhruva Woolen Mills (P.) Ltd.
  • Abhishek Anuj Sukhadia v. Pragatej Builders & Developers (P.) Ltd.
  • Oberoi Constructions Ltd. v. Asset Auto (I) (P.) Ltd.
  • Pradip Mehta v. Sylvanus Properties Ltd.
  • Mrs. Jyoti K. Narang v. CCI Projects (P.) Ltd.
  • SLB Welfare Association v. PSA IMPEXP Ltd.
  • Bharat Narendra Mistry v. Realgem Buildtech Pvt. Ltd.
• RERA Authority’s Case Laws
  • Techno Drive Engineer Pvt. Ltd. v. Renaissance Indus Infra Pvt. Ltd.
  • Amit Agarwal v. Godrej Properties Ltd.
  • Dr Suresh Kumar Arora & Dr Reema Arora v. Emmar MGF Land Ltd.
  • Sushant Karkera v. Conoor Builders Pvt. Ltd.
  • Niranjan Dashpute v. Rajkumar Nivrutti Saste
  • Gaurav J. Desai v. Bhanushri Realities

Mahadev Birla

Adv. (CA) Mahadev Birla is a practising advocate and a qualified Chartered Accountant, having passed the CA Final Examination in 2008. With extensive experience in financial management, taxation management, internal audits, project audits, secretarial audits, company secretarial work, and management accounting, he has worked across various industries, including real estate, construction, EPC services, and manufacturing.

With over a decade of experience in the real estate industry, Adv. (CA) Birla is a notable advisor on RERA matters in states such as Gujarat, Maharashtra, Bengaluru, Uttar Pradesh, Haryana, and Rajasthan. He frequently appears before the Gujarat Real Estate Regulatory Authority and the Gujarat Real Estate Appellate Tribunal for RERA-related cases.

Adv. (CA) Birla has authored the book ‘Gujarat RERA Manual’ published by Taxmann and co-authored ‘E-filing Guide on Form-3 and Form-5 under RERA’ published by ICAI Ahmedabad, as well as ‘Maharashtra RERA Law and Practice’ published by Taxmann in collaboration with WIRC. His articles on RERA are regularly featured on web media platforms like Taxmann and in ICAI Ahmedabad and WIRC-ICAI newsletters. He is also a regular speaker on RERA at various forums, including ICAI Ahmedabad, ICSI Ahmedabad, ICAI Lucknow, WIRC-ICAI, MahaSewa-Mumbai, and CPE Study Circle. He has been an expert panellist on Zee Business, discussing real estate topics.

Adv. (CA) Birla has served as a member of the Website & Newsletter Committee of ICAI Ahmedabad and is a core member of the RERA study group of WIRC of ICAI.

Nipun P. Singhvi

Adv. (CA) Nipun P Singhvi is a distinguished practising advocate at the Gujarat High Court and various High Courts, Tribunals, and the Supreme Court. He holds impressive qualifications, including FCA, CS, LLB, LLM (Corporate Laws), Certified Forensic-IFRS-Bank Auditor, and Qualified Independent Director (Ministry of Corporate Affairs). He has completed an Executive Program in Merger & Acquisitions at IIM-Ahmedabad. Additionally, he has qualified for the Insolvency Examination (IBBI) and earned a PhD in Insolvency Laws from Washington University in 2024.

Adv. Singhvi has been a World Bank Insolvency Group member on ‘Train the Trainers’ in collaboration with IBBI and the IPAs of ICAI, ICSI, and ICMAI. His research paper on ‘Sale of Company under Liquidation as Going Concern’ was selected by IIM-Ahmedabad and IBBI and published in ‘Anusandhan’ in 2022. NCLT has also appointed him as Chairman for convening meetings in disputed cases of Oppression and Mismanagement.

A regular faculty member at ICAI, ICSI, nationalized banks, and CAG, Adv. Singhvi is a prolific author who has contributed to corporate and tax journals such as Taxmann and Corporate Professionals Today. He also contributes to newspapers like Economic Times, Times of India, and Dainik Bhaskar and has appeared as an expert panellist on Zee Business discussing real estate matters.

He has contributed to several key publications, including the WIRC Reference Manual on Insolvency Laws (2020, 2021), Taxmann’s Gujarat RERA Manual (2021), and Maharashtra RERA Manual (2021, 2023, 2024). Adv. Singhvi has also served as a resource person for ICAI’s Certification courses on Drafting, Appearance & Pleadings (since 2020), MSME (2021-2022), Insolvency and Bankruptcy Code Examination (2021-22), Judicial Pronouncements on Insolvency Code (ICAI, 2023), and Professional Opportunities in ‘Mediation’ for Chartered Accountants (2024).

With over 1600 lectures and more than 200 articles on various corporate and commercial laws, Adv. Singhvi is an expert in Corporate, Commercial, and Insolvency Laws. He has advised and handled insolvency cases with debts exceeding Rs. 1,00,000 Crores, including several landmark cases. Notably, he filed a PIL for the formation of the RERA Appellate Tribunal and the appointment of Technical Members and a Permanent Tribunal in 2019 before the Gujarat High Court, leading to the Tribunal’s constitution and member appointments. During the COVID-19 pandemic, he filed a PIL for the postponement of physical hearings before RERA and the Tribunal in 2020, resulting in the closure of physical hearings.

Richa Birla

CS Richa Birla is a qualified Company Secretary who passed the CS Final Examination (2017). She has extensive experience in corporate law and RERA (Real Estate Regulatory Authority) compliance.

Richa Birla is the author of the book ‘Gujarat RERA Manual,’ published by Taxmann. She specializes in handling the compliance aspects of RERA and provides expert advice to clients on RERA-related issues. Additionally, she regularly contributes articles on RERA, published by Taxmann.

Vishal J. Dave

Adv. Vishal J. Dave is a practising advocate at the Gujarat High Court and various other High Courts, Tribunals, and the Supreme Court. He has served as the Assistant Government Pleader (AGP) before the High Court of Gujarat, handling various civil, criminal, corporate, cyber, and tax litigation.

Adv. Dave has been actively involved in and has argued numerous Public Interest Litigations (PILs) on critical issues, including Surat Airport flight connectivity, the tragic fire incident in Surat affecting students, the legality of the OBC Commission in Gujarat, reviewing the OBC list in Gujarat, allowing moviegoers to bring their food and water into multiplexes, opposing parking fees in malls and multiplexes, and school fee waivers during the Covid-19 pandemic.

He has also tackled complex constitutional litigations such as the merger of tribunals through the Finance Act of 2017, the formation of the National and State GST Appellate Tribunals, the constitution of the Authority for Advance Rulings under the GST Act, and the establishment of the RERA Appellate Tribunal and the Coram of the National Company Law Tribunal.

A regular faculty member and speaker at ICAI, ICSI, nationalized banks, and CAG, Adv. Dave is a prolific author who has contributed to numerous corporate and tax journals, including Taxmann, Corporate Professionals Today, etc.

Mr. Dave is frequently invited to participate in debates across electronic, print, and web media on various social and economic topics. He is dedicated to pro bono litigation for various social groups and supports social activists in their noble causes.