1. Debby Jain, ââHomebuyersâ 20 Year Plight!â: Supreme Court Issues
Warrants to Haryana Builderâs Directors; Flags State Inactionâ (LiveLaw, 13
July 2026) https://www.livelaw.in/top-stories/homebuyers-20-year-plight-forces-supreme-court-to-question-rera-mechanisms-efficacy-540942 accessed 6 September
2026.
2. Ireo Grace Realtech Pvt Ltd v Abhishek Khanna (2021) 3 SCC 241.
meant to be used for the construction of the specific project and cannot illegally diverted elsewhere. Treating the developer as of having a fiduciary responsibility toward the allottees, the Court intervened to protect the interests of homebuyers to ensure completion of the stalled projects by Amrapali. This was to be completed by NBCC.3
These cases represent how Indian courts have increasingly relied on equitable remedies to correct the imbalance between developers and homebuyers. In situations where possession has been delayed for years or the project itself has become uncertain, courts have often considered damages and specific relief as the most appropriate remedy. In Ireo Grace Realtech, the Supreme Court adopted a balanced approach by ordering refund with reasonable interest, recognising that buyers cannot be compelled to indefinitely wait for possession while their funds remain locked with the developer. Such monetary compensation serves the purpose of contractual damages but additionally also as an equitable mechanism to prevent developers from unjustly benefiting from prolonged retention of buyer funds. Conversely, in Bikram Chatterji, where the primary objective of the buyers was to obtain their homes which they had contracted for, courts leaned towards specific relief and recognised that monetary damages alone couldnât adequately compensate these buyers.
The judicial interventions discussed above, have one problem though, no matter how significant. All of them operate reactively as they address harm after it has crystallised. The legislature addressed this by adopting a preventive response to this problem of developer delays by introducing the Real Estate (Regulation and Development) Act, 2016 (âRERAâ), which fundamentally restructured the way builder-buyer relationships worked. RERA was enacted precisely to address the vacuum that cases like Bikram Chatterji and Ireo Grace Realtech exposed: developers collecting buyer funds without adequate oversight, unilaterally extending timelines and drafting contracts that insulated them from liability.
Three of RERAâs provisions are especially directed at recurring delays. Firstly, S.3 mandates compulsory project registration before any advertisement or sale, eliminating pre-launch sales that previously left buyers entirely unprotected. Secondly, S.4(2)(l)(D) requires developers to deposit at least 70% of amounts realised from allottees into a dedicated escrow account, to be used only for land and construction costs of the specific project, directly targeting the diversion of funds that the Supreme Court condemned in Bikram Chatterji. Thirdly, S.18 entitles allottees to either a full
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Additionally, on a state-level, the Uttar Pradesh RERA authority has recently issued revised Project Account directions that expressly prohibit cross-collateralisation of project finance. The Directions establish a comprehensive project-wise fund management framework, detailing the operation of Collection, Separate and Transaction Accounts, prescribing permissible withdrawals and expenditures, and imposing strict obligations on promoters regarding the utilisation, disclosure and monitoring of project funds.4
We must also look at when RERA kicks in because real estate project
failures do not arrive suddenly. When one looks back, we can easily point out
the timeline and the process- they develop through initial construction
slowdowns, escalating unpaid contractor dues, mounting debt, and ultimately,
insolvency. The problem here is that allotees only realise what is wrong only
once the situation has moved past well beyond RERAâs practical reach. Formal
insolvency, once triggered under the Insolvency and Bankruptcy Code 2016
(âIBCâ), puts the developerâs assets under the jurisdiction of the National
Company Law Tribunal (NCLT) and a Resolution Professional, displacing RERAâs
authority.5 The Supreme Courtâs recognition in Pioneer Urban Land6 addresses
this, and we visit this later, but even though homebuyers qualify as financial
creditors under the IBC, this doesnât resolve the jurisdictional clash. Courts
have generally sought to harmonise the two statutes by recognising that they
operate in distinct spheres, the RERA primarily protects the interests of
allottees and ensures project completion, whereas the IBC is concerned with the
insolvency resolution of the corporate debtor. However, where an inconsistency
arises, particularly after the commencement of the Corporate Insolvency
Resolution Process, the provisions of the IBC prevail by virtue of Section 238
of the Code7, while RERA remedies continue to exist to the extent that they do
not conflict with the insolvency process. RERA cannot enforce its refund or
compensation orders against the insolvent estate. This points to the fact that
RERAs ideal moment of intervention is before insolvency crystallises, not
after.8 The Supreme Courtâs recognition of homebuyers as financial creditors
under the IBC in Pioneer Urban Land and Infrastructure Ltd. v. Union of India9 partially
addresses this gap, but only theoretically, as the practical recovery
experience for buyers
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6. Pioneer Urban Land and Infrastructure Ltd v Union of India (2019) 8
SCC 416.
7. Insolvency and
Bankruptcy Code 2016, s 238.
8. M/S Imperia Structures
Ltd v Anil Patni (2020) 10 SCC 783.
9. Pioneer Urban Land and Infrastructure Ltd v Union of India (2019) 8 SCC 416.
in insolvency proceedings remains uncertain and protracted. RERAs regulatory apparatus is almost entirely oriented toward compliance and grievance redressal, to register, disclose, maintain escrow, and finally compensate if you fail. What is conspicuously absent is any ex ante, consultative engagement between the regulator and the developer community around the structural conditions that make project completion more likely. Sadly, the question of whether RERA should proactively share distress signals with the IBC machinery rather than waiting for insolvency to be formally declared remains one that the regulatory framework has not yet answered, but that shouldnât be the case. I say this because housing supply in India is constrained not only by developer misconduct but also by approval bottlenecks, fragmented land titling, financing costs and the absence of standardised construction contracts. If RERA were to engage proactively with developers through industry consultations, model project finance frameworks or streamlined approval facilitation, it could help create conditions in which more projects are completed on time, giving buyers a genuine multiplicity of choices rather than concentrating risk in a small number of highly leveraged mega-projects.
However, in terms of Ex post enforcement mechanisms, we can see RERA authorities take more proactive steps such as the MahaRERA in Maharashtra which introduced quarterly developer compliance reports10 and a conciliation forum for pre-adjudication settlement.11 Its rules set the interest payable by a defaulting party at the State Bank of Indiaâs MCLR plus two percent, making delay a costly affair.12 Most importantly, the Bombay High Court, in Neelkamal Realtors Suburban Pvt. Ltd. v. Union of India13, upheld MahaRERAâs constitutional validity by ruling that its core provisions regulating ongoing projects are constitutional, valid and legal. The Court affirmed that the Act operates prospectively and may sometimes have a retroactive or a quasi-retroactive effect as it serves as a beneficial, curative legislation designed in the larger public interest to maintain a balance in the rights and obligations of both promoters and allottees. The Court rejected claims that the Act was arbitrary or expropriatory, validating key measures such as mandatory project registration, adherence to declared completion timelines, and the requirement for promoters to pay compensatory interest for delayed possession.
The next phase of RERA must therefore move from reacting to project failure towards preventing it. Real estate insolvency rarely occurs overnight, one can see it develop through persistent
13. Neelkamal Realtors Suburban Pvt Ltd v Union of India 2018 SCC OnLine Bom 9302.
construction delays, irregular withdrawals from project accounts, unpaid contractors and repeated extensions which provide early indications of financial distress. A structured RERAâIBC coordination mechanism could enable these warning signals to be identified and shared before insolvency crystallises. RERA Authorities could undertake enhanced monitoring of stressed projects and facilitate consultations between promoters, lenders and homebuyer representatives on project progress, financing and prospects of completion. Their regulatory powers could also be strengthened to permit closer scrutiny of project accounts, investigation where diversion of funds is suspected, and early corrective or project-revival measures.
Prevention must equally extend to disputes. Conciliation forums
contemplated under Section 32(g) should be strengthened through standard
procedures, trained conciliators and efficient implementation of settlements
allowing buyer-developer disputes to be resolved before they simmer into
prolonged litigation. Ultimately, RERAâs success should not be assessed only by
the refunds, interest or penalties ordered after a project fails but by its
ability to detect distress early, resolve disputes efficiently and ensure that
viable projects and the homes dependent upon them do not fail in the first
place.
(These are the personal views of the author. They do not necessarily reflect the opinion of OP Jindal Global University or its affiliated institutions).
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