Updates on Real Estate (Regulations & Development) Act, 2016
CA. Ashwin Shah
Adv. Maitri Shah
JUDICIAL UPDATES:
Hon’ble Supreme Court Landmark judgement on unauthorized construction RAJENDRA KUMAR BHARJATYA & ORS. V. U.P. AVAS EVAM VIKAS PARISHAD & ORS., CIVIL APPEAL NOS. 14604 & 14605 OF 2024 pronounced on 17th December 2024:-
FACTS OF THE CASE:
Plot No. 661/6 in Shastri Nagar, Meerut, was allotted as a residential plot to Veer Singh (Respondent No. 5) in 1986 by the U.P. Avas Evam Vikas Parishad (Respondent No. 1).
In 2004, a freehold deed was executed with an express clause restricting the usage to residential purposes only.
Veer Singh and his power of attorney holder (Respondent No. 6) illegally constructed commercial shops on the plot without any sanctioned building plan.
Despite multiple notices issued from 1990 to 2011, unauthorized commercial construction continued.
An order of demolition was passed in May 2011 but not execut.......