Land & Environmental Law

RERA Act 2016 (Real Estate Regulation and Development Act), Land Acquisition and Compensation

Real estate laws in India involve a lot of complexity due to various acts, rules and regulations, both from the central government and individual states. In your property adventures, we make things simpler and understandable, to make you more confident and happier.

Central Laws:

  • RERA Act, 2016 (Real Estate Regulation and Development Act):
  1. RERA is a crucial law that protects people buying homes by making real estate dealings more transparent and accountable.
  2. It ensures that real estate projects are registered, follow timelines, and have a system to resolve buyer complaints.
  3. So, RERA insists on sticking to project timelines, preventing delays and ensuring timely delivery to homebuyers.
  •  Transfer of Property Act, 1882 (Here, property ownership get transferred like selling, mortgaging, leasing, or gifting. Important steps are- Contract, Registration and Stamp duty)
  • Indian Contract Act, 1872 (it get applied to many parts of real estate deals, from buying a property to renting it)
  • Contract for Sale of Goods Act, 1930 (For selling apartments or flats in tall buildings, to fix problems if someone breaks the promises, and how the risk of something going wrong is handled)
  • Environment Protection Act of 1986 (It put restrictions on construction in certain areas to protect the environment i.e. balance between Development and Environment)

State and Local Laws:

  • Building Bylaws, Zoning Regulation, Occupancy Certificates
  • Special Economic Zones laws (SEZ)
  • Land Ceiling Law
  • Heritage and Conservation Laws
  • Property Tax Laws

Major Acts/Rules/Policies applicable for Haryana:

  • Land Acquisition Act of 1894, Transfer of Property Act of 1882, Indian Contract Act of 1872, Contract for Sale of Goods Act of 1930, Environment Protection Act of 1986
  • The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Act, 2017
  • Haryana Consolidation of Project Land (Special Provisions) Act, 2017
  • Special Economic Zones (SEZ) Act
  • RERA ACT
  • Haryana Building Code 2017, NBC (Chapter 3, 4)
  • Policies: Haryana Estate Management Procedure, Industrial Policy, HEEP 2020

 

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Act 2021 has many issues and complexities, on which several petitions are going on. For example,

  1. In the above Act, Public-Private Partnership (PPP) projects are under the ‘exempt’ category, for which Social Impact Assessment (SIA)/ consent of landowners is not required. This provision was part of earlier Acts.
  2. Section 101(A): “Unilateral Power” given to the state government to de-notify the land, for the public purpose. Although, post de-notification of land, these public projects have not kicked off for several years. So, public purpose becomes unviable or unnecessary and no adequate compensation, resulting resentment among farmers.

All these complexities, uncertainties creates new-day challenges for Real Estate Builders as well as Farmers. We deal in these matters for more than 25 years.

Advocate Pritam Saini and Associates, provides expert guidance across Hisar, Haryana and Delhi & NCR region, for such matters.

Advocate Pritam Saini and Associates