Occupancy Certificate Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

OREAT upholds denial of welfare society’s complaint regarding builder’s violation of RERA Act; Cites non-applicability of Act to projects completed before commencement

OREAT held that completion certificates issued by registered architects or engineers as permitted by BDA as per Section 20 of the ODA Act in respect of projects completed prior to the commencement of the RERA Act would not be invalid as that would render all the projects in Odisha, which have received completion certificates from the registered architects or engineers in the pre-RERA period, ongoing, on the date of commencement of the RERA Act and consequently require their registration.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Delays arising from statutory compliance not force majeure’; NCLT admits insolvency proceeding against Raheja Developers

The NCLT held that non-delivery of possession despite payments and continued acknowledgment of liability through emails and communications proved default under Section 7 IBC.

Case Briefs Supreme Court

Failure to provide occupancy certificate a deficiency in service under the Consumer Protection Act and also a continuing wrong: SC

Supreme Court: The bench of Dr. DY Chandrachud* and AS Bopanna, JJ has held that failure on the part of the builder

Case Briefs Tribunals/Commissions/Regulatory Bodies

Completion Certificate issued prior to commencement of The Real Estate (Regulation and Development) Act, 2016: Will buyer’s case be maintainable? Read on

Odisha Real Estate Regulatory Authority, Bhubaneswar: Siddhanta Das, Chairperson, Pradeep Kumar Biswal, Member – I and Ramanath Panda, Member – II held

Case Briefs High Courts

Application for building permit must be decided in accordance with the law prevailing at the time of issuance of permit: Kerala HC

Kerala High Court: A Single Judge Bench comprising of Shaji P. Chaly, J. hearing a civil writ petition set aside an order