India: Real Estate

The High Court of Delhi, through its judgment dated 18.05.2026 in the matter of M/s R.C. Sood & Co. Developers Pvt. Ltd. v. Sharad Maheshwari & Anr., dismissed an appeal challenging the decree of District Judge directing refund of INR 18,00,000/- to the purchasers in a real estate dispute arising out of cancellation of a villa allotment and alleged forfeiture of earnest money.

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) was enacted to protect homebuyers and promote transparency and accountability in the real estate sector. A key feature of the Act is the definition of “Promoter” under Section 2(zk), as it determines the persons or entities that bear statutory obligations and liabilities towards homebuyers.

The principle underlying compulsory land acquisition is that when private property is acquired by the State for a public purpose, affected landowners must receive fair and reasonable compensation. However, under the framework of the Land Acquisition Act, 1894, a significant disparity historically emerged between landowners who sought judicial enhancement of compensation under Section 18 and those who did not.

Delay in handing over possession remains one of the most persistent issues in the Indian real estate sector. Homebuyers often make substantial financial commitments based on possession timelines promised by developers, and delays result in significant hardship, including continued rent obligations, loan repayments, and blocked investments. To address these concerns, the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) introduced a statutory framework ensuring greater transparency, accountability, and protection for allottees, including the right to claim interest and compensation for delayed possession.

The applicability of the Micro, Small and Medium Enterprises Development Act, 2006 ("MSMED Act") to a works contract has emerged as a contentious legal issue with significant ramifications for the construction and contracting industry in India. As infrastructure development accelerates across the country and contractual disputes proliferate between enterprises, a fundamental question has come to the fore: Whether Works Contract fall within the ambit of the MSMED Act's protective framework?

The Maharashtra Land Revenue Code Second Amendment Act, 2025 introduces transformative reforms to agricultural land conversion procedures in India. This podcast episode examines how the new legislation streamlines the NA conversion process through a single-window system and eliminates traditional bureaucratic requirements. Host Payal Jena analyzes the practical implications of these regulatory changes for landowners and developers.

The Maharashtra Land Revenue Code (Second Amendment) Act, 2026 (L. A. BILL No. XXVIII OF 2026) represents a significant reform in the regulation of government land transactions in Maharashtra. Introduced in the Maharashtra Legislative Assembly on 24th March 2026, it focuses primarily on amending Section 37A of the Maharashtra Land Revenue Code, 1966, a provision that governs the sale, transfer, redevelopment, use of additional Floor Space Index (“FSI”), transfer of Transferable Development Rights (“TDR”), and change in use of government land.

The Government of Maharashtra has taken a significant step towards enhancing ease of doing business by rationalising the framework governing agricultural land conversion. As per the recent amendment to the Maharashtra Land Revenue Code, 1966 (MLRC), notified on 31 December 2025, and the Government Resolution dated 10 February 2026, the requirement of obtaining a separate sanad or non-agricultural permission from the Collector has been abolished for permissible non-agricultural uses under the Development Plan or Regional Plan under the Maharashtra Regional and Town Planning Act, 1966 (MRTP).

It took nearly half a century to reach this conclusion, which, from the very start, was an obvious legal position and ought to have been held as such throughout.