ValkyaEditorial

Tagged “ongoing-projects”

1 article on ongoing-projects.

Landmark JudgmentSupreme Court of India

Newtech Promoters v. State of UP: RERA's retroactive application to ongoing projects upheld

On 11 November 2021 a three-judge bench of the Supreme Court — U.U. Lalit, Ajay Rastogi and Aniruddha Bose, JJ., the judgment authored by Rastogi J. — answered five framed questions on the constitutional and statutory architecture of the Real Estate (Regulation and Development) Act 2016. The Bench held that the application of the Act to 'ongoing projects' — projects launched before but not completion-certificated by 1 May 2017 — is retroactive in operation and not retrospective, and is constitutionally permissible. The pre-deposit requirement under the proviso to Section 43(5) for promoter appeals was upheld; the Authority's single-member adjudicatory power to award refund-with-interest under Section 18 read with state Rules was upheld; and the refund-with-interest formula under the UP Rules — MCLR + 1% per annum — was read as part of the substantive architecture.

Valkya Editorial··13 min