India: Real Estate

The updates examine the Supreme Court’s approach to environmental restrictions in the Taj Trapezium Zone, the continued responsibility of developers to honour contractual possession commitments despite regulatory extensions, the availability of specific performance where contracts provide for a refund, and the evolving insolvency jurisprudence strengthening protections available to homebuyers.

In this episode, Aarya Singh discusses the Supreme Court’s decision in Raziya Begum & Ors. v. Nafisa Begum Abdul Hamid & Ors., decided on 7 August 2026.

The Karnataka Government has proposed the Karnataka Apartment (Ownership and Manage ment) Bi l, 2026 (“Bi l”) with the objective of replacing the Karnataka Apartment Ownership Act, 1972 and the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972. A unified framework controling unit ownership, common areas, apartment associations, maintenance, dispute resolution, and redevelopment is what the proposed legislation aims to create. The Bi l has since been passed by the Karnataka Legislative Assembly and Legislative Council, but is not yet in force pending the Governor’s assent and commenc ement notification.

Redevelopment in Mumbai is rarely just about bricks and mortar. More often, it is about power, memory, and the stubborn mathematics of majority rule. When Polestar Realtors Pvt. Ltd. found itself staring at twenty-six holdouts in a sixty-three-member housing society in Bandra, the dispute landed before Justice Amit Borkar at the Bombay High Court.

For nearly two years, setting up a new industrial unit or undertaking industrial expansion in the Taj Trapezium Zone (TTZ) required the leave of the Supreme Court. On 23.07.2026, this position changed when the Court modified the restriction imposed in October 2024, permitting the TTZ Authority to process approximately 400 pending applications for industrial projects in the region, subject to a prescribed scrutiny mechanism.

The article summarises recent Supreme Court judgment that provides important clarity on the law governing post facto environmental clearances by reaffirming the primacy of prior environmental clearance and delineating the narrow circumstances in which statutory regularisation may be permissible. It also draws a clear distinction between delegated legislation and executive action, limiting the scope for future administrative regularisation.

Obtaining an Environmental Clearance is critical for infrastructure, real estate, and manufacturing sector. Historically, project proponents have faced issues in getting Environmental Clearance not because there is an issue with their project but because the State Level Appraisal bodies have become non-functional due to expired tenures resulting in bulk transfer of pending applications to an already overburdened Central Authority.

The Bombay High Court's recent judgment in Flagship Infrastructure Limited examines whether the Maharashtra Ownership of Flats Act (MOFA) continues to apply to deemed conveyance proceedings in township projects. This podcast episode analyzes the court's interpretation of statutory provisions and their implications for property developers and flat owners in Maharashtra's real estate sector.

Defective land titles in India create significant challenges for property buyers, often making ownership far more complicated than official documentation suggests. Understanding the complexities of property due diligence becomes essential when navigating India's intricate land ownership system and protecting yourself from potential legal disputes.