Real Estate Disputes

The Firm has expertise in handling disputes in the Indian real estate sector, which is globally one of the most recognised sectors of the modern-day economy. Our lawyers consistently handle various complex real estate disputes before the Supreme Court, the Delhi High Court, Consumer Commissions and District Courts. These range from complex commercial disputes to individual cases filed by consumers. Our lawyers advise on strategy under the applicable legal and regulatory framework and work towards comprehensive long-term solutions for clients.

With the coming into force of the Real Estate (Regulation and Development) Act, 2016 and the establishment of the Real Estate Regulatory Authorities (RERA) in each State, the entire sector has undergone a sea change.

In the last few years, we have carved out a niche practice in the field of RERA litigation, appearing before the RERA Authorities and the Real Estate Appellate Tribunals. Further, with the advent of the Insolvency and Bankruptcy Code, 2016 (IBC), the ability of homebuyers to initiate proceedings has been positively affirmed. We have been increasingly handling such disputes in NCLT and NCLAT in this regard.

Key highlights

  • The Firm has over the years acted as the principal litigation firm for India’s largest real estate company, DLF Ltd., and has represented its interests before a variety of fora.  Recently, the Firm successfully protected the interests of DLF Home Developers Ltd. at the interim stage with respect to title and possession of a parcel of 73 acres of land in Uttar Pradesh.  
  • The Firm is representing the Ambience Group before the Supreme Court in the proceedings relating to the construction of the residential/commercial complexes at ‘Ambience Island’, Gurugram. The matter involves issues that are of vital importance for the real estate industry, including whether the Department of Town and Country Planning, Haryana has the power to delicense the land under the applicable laws. Pertinently, the Supreme Court has directed the authorities not to take any coercive steps against our Client with regard to the said construction. 
  • The Firm represented real estate developer, BPTP Ltd. for the Supreme Court in a case involving the question of a mandatory pre-deposit for filing an appeal against an order of the RERA before the Appellate Tribunal.
  • The firm regularly advises and represents Tata Housing and Development Co. Ltd. in relation to disputes arising out of its land development and infrastructure projects.
  • The Firm advises and represents Raheja Developers Ltd. in various disputes arising out of their joint venture agreements and collaboration agreements and disputes pertaining to RERA registration, insolvency, licensing, individual buyer claims and disputes with financial institutions.

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