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Winding up under Companies Act Will Not Bar RERA Proceedings - Rajasthan RERA

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RERA prevails over Companies Act : Case Law Gaining not just strength but also confidence of buyers Rajasthan RERA passed an order that will become a cornerstone judgement in RERA Act. Rajasthan Real Estate Regulatory Authority has held that winding up order under Section 279 of the Companies Act 2013 will not bar proceedings under Real Estate (Regulation and Development) Act 2016. Builders have been trying to capitalise on all the loopholes in lawe but the Authority while dismissing an application filed by the builder seeking stay of proceedings on the ground that the Delhi High Court had appointed a provisional liquidator in respect of the builder-company, while the proceedings under RERA were pending. The order came against MVL Limited , which cited Section 279 of the Companies Act, which states that no suit or legal proceeding against the company can be commenced or continued against the company after the passing of the winding up order except with the permission o

UP-RERA deregisters Aranya Project of Unnati Fortune Holdings Limited

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RERA has started to plug in loops and strengthen its grip on builders. In a first, Uttar Pradesh Real Estate Regulatory Authority has deregistered a project in Noida after it found serious financial irregularities, diversion and siphoning of funds and cases of double allotment, a senior UP RERA official said. The Authority has already issued notice for deregistration to 7 builders in past and the builder being deregistered is amongst one of them. The builder being Unnati Fortune Holdings Limited and the project being Aranya Phase 3,4 & 5. "Deregistration order was served based upon the information collected, site inspections made, complaints registered in RERA and non-compliance of the provisions of RERA Act. The decision was taken after the builder failed to respond to warnings and notices served to them," said UP RERA Chairman Rajive Kumar. Six more projects are under scrutiny, officials said. Click  here for the list of those projects. Read more: UP RERA issues der

States and Union territories where RERA applicable with website URL

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Today we will share the list of States and Union Territories where Real Estate Regulation Act, 2016 is applicable and the URL of websites for easy reference. The States are in process of implementing the RERA Act to make the housing sector more transparent and affordable for citizens. Various Acts like UPRERA, GUJRERA, MAHARERA are already making the difference felt with strict and smooth implementation of the RERA Act. Other States will also follow the same and make the real estate sector boom again. The list of websites for various states have been updated and are verified working. In case of any discrepancy, do mention the same in comment box for correction. S. No. State/UT Date of Notification Website URL 1 Gujarat 29 October 2016 http://gujrera.gujarat.gov.in/ 2 Uttar Pradesh 11 October 2016 www.up-rera.in 3 Chandigarh 31 October 2016

Summary of Recovery Certificate (RC) issued by UP RERA against builders to the tune of Rs. 185 crores

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UP RERA came into force in 2016 in the Uttar Pradesh and since then it has heard cases in thousands. The UP RERA Authority has issued RC to the tune of Rs. 185 crores as on 18/05/2019 against builders who have defaulted in delivering their promise of providing dream homes to individuals. It is clearly laid down under section 40(1) of the Act, that order once passed has to be executed in the same way as it is been done under Land revenue Act.  Recovery under land revenue   is an altogether a different ball. In order to get due recovered under land revenue, a recovery certificate is issued by the concerned department or Authority as the case may which further is then sent to the SDM or DM in whose jurisdiction the property vests. RC issued can also lead to arrest of Builders. Also read: 1.  UP RERA de-registers 7 builders 2. SC says "You are out of Noida" to Amrapali Group Here is a summary of RC issued by UP RERA in past 3 years, followed by detailed list of agg

Deregistration notice issued to 7 Builders by UP RERA

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Uttar Pradesh Real Estate Regulatory Authority (UP RERA) issued deregistration notices under Section 7 of the RERA Act to seven builders as on 8 March 2019, for failing to meet their commitments to buyers covering 14 projects and approx. 4800 residential units. The developers who had been served notices have failed to extend the registration. Project Developer (Click for more details) UP RERA Registration No. for Project Primrose Ryne Primrose Infratech Pvt. Ltd. UPRERAPRJ7228 Sampada Livia PSA Impex Pvt. Ltd. UPRERAPRJ5855 Circuit Heights MSA Developers Pvt. Ltd. UPRERAPRJ13904 Greenbay Golf Homes & Golf Village Green Bay Infrastructure Pvt. Ltd. UPRERAPRJ9693 Intellicity Project Intellicity Business Park Pvt. Ltd. UPRERAPRJ11522 UPRERAPRJ11493 UPRERAPRJ11448 UPRERAPRJ11473 Festival City Phase 1, 2, 3 Mist Direct Sales Pvt. Ltd. UPRERAPRJ2873 UPRERAPRJ3056 UPRERAPRJ3088 Aranya Phase 1,2,3,4&5 Unnati Fortune Holdings Ltd UPRERAPRJ6846 UPRERAPRJ6