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ED Arrests Builder in Rs 2,000 Crore Fraud with Homebuyers

CA Ramesh Agrawal The ED has arrested four promoters of Earth Infrastructures Ltd. on 1 st June 2026 for Rs. 2004+ Crore fraud under the Prevention of Money Laundering Act (PMLA). The accused Avdhesh Kumar Goel, Rajnish Mittal, Atul Gupta and Vikas Gupta are the directors / promotors of the company. They were presented before a special PMLA court in Delhi. The court granted five days custody to ED for interrogation. As per the agency, Rs. 2004+ Crore has been collected by the Earth Group from more than 19,425 Home Buyers and Investors promising assured returns and timely delivery of the projects. Rs. 467 Crore has been diverted through Group Companies and other related individuals & concerns. The ED told that “Despite receipt of substantial funds from the buyers/investors, the projects were either left incomplete or possession of units was not handed over, thereby causing wrongful loss to the homebuyers and investors,”. The investigation of the agency further revealed that a...

FIR Filed Against Builder for Alleged Fraud

  CA Ramesh Agrawal An FIR has been registered by The Economic Offences Wing (EOW) of the Delhi Police against Gurugram based real estate company Experion Developers Private Limited and its related entity, Experion Capital Private Limited, following a complaint filed by the Enforcement Directorate (ED), according to an official statement. The complaint raised from the ED’s investigation into an alleged money laundering case involving Religare Finvest Limited (RFL). During the probe, the ED found that former promoters of RFL, Malvinder Mohan Singh and Shivinder Mohan Singh, allegedly diverted around Rs 2,036 crore through entities under their control. As part of this diversion, the ED alleged that Rs 150 crore from RFL was used to acquire a 27.86-acre land parcel in Sector 62, Gurugram. On 4 th February 2020, the ED attached this land, which also included a 9.1-acre portion owned by Dignity Buildcon Private Limited. During further investigation, the ED observed that the Exp...

RERA SHOULD BE ABOLISHED - SUPREME COURT

  CA Ramesh Agrawal On 12 th February 2026, the Supreme Court expressed serious dissatisfaction with the functioning of the Real Estate Regulatory Authority (RERA), indicating that the institution, should be abolished in its current form. In this regard please note: - The Hon. Supreme Court strongly criticized the current functioning & working of RERA and observed that RERA should be abolished in its existing form & there is a need to rethink the role being played by it. The Apex court urged all States to examine who is actually benefiting from RERA’s functioning. The Bench comprising of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi observed that RERA is helping defaulting builders rather than effectively protecting homebuyers or fulfilling its intended objectives. The Bench emphasized that States should revisit the original purpose behind the enactment of the RERA Act. As quoted by Bar and Bench, CJI Surya Kant stated “ All States should now think of...

Supreme Court Ruling Warns Homebuyers: Registration Is Not Ownership

CA Ramesh Agrawal The Supreme Court in a significant ruling has stated that only registering a property does not make someone its legal owner. The judgement, delivered in the Mahnoor Fatima Imran vs M/s Visweswara Infrastructure Private Limited case, has direct implications for millions of Indian homebuyers and investors. If someone has bought a property solely based on a registered sale deed, then have a look at the below points.   Understanding the Law: Registration Does Not Equal Ownership “Ownership of a property comprises several aspects, of which registration is only one,” says Mr. Harsh Parikh, partner at a Law Firm, Khaitan & Co. Under Indian law, properties above Rs. 100 require registration, but that’s not all. “A buyer must also prove full payment, possession, and custody of original title documents,” he explains. Chairman and Director of Prime Developments, Mr. Rakesh Malhotra stated that “Registration provides prima facie evidence of a transaction, but it doesn’t c...

Municipality Demolishes Illegal & Unsafe Structures

  CA Ramesh Agrawal The Sambhajinagar Municipal Corporation (CSMC) has started an anti-encroachment campaign, to keep the city clean, safer, free up public space, etc. Details of the same are mentioned as below: - Drive Moves To Gulmandi Area: - After cleaning up areas like Beed Bypass and Mukundwadi, now the clean campaign has moved to Gulmandi area, which is busy & crowded market zone. The move shows that the Authorities are serious for removing illegal building all across the city. Illegal Constructions & extension demolished: - The Authorities have targeted illegal buildings & extension of around 25 Shops in bustling Rangar Galli Market & its surrounding areas. During the operation demolition of a run-down building was carried out with the presence of police. Ongoing Efforts : - Additional Municipal Commissioner, Mr. Santosh Wahule explained that this campaign in Gulmandi was carried out on the instructions of the Civic Chief G. Sreekanth. This clean campaign ...

RERA Awards Rs. 65 Lakhs Compensation to Homebuyer for 9 Years Delay in Flat Possession

  CA Ramesh Agrawal In a recent decision, the Haryana Real Estate Regulatory Authority (HRERA) has directed a builder to compensate a homebuyer with ₹65 lakh for an inordinate delay of over nine years in handing over a flat in Gurugram. Key Highlights: Background of the Case : The homebuyer had booked a flat in 2013, with the developer promising possession within a stipulated timeframe i.e., 7 th December 2015. However, the possession was delayed by more than nine years. Developer's Justifications : The builder attributed the delay to unforeseen circumstances, including the COVID-19 pandemic, the demise of the chairman of environmental impact assessment (EIA) committee, and inadequate water supply. H-RERA's Verdict : After reviewing the case, HRERA rejected the developer's justifications, deeming them insufficient to warrant such a prolonged delay. The authority emphasized that the reasons cited did not qualify as fo...

Mandatory Uploading of Occupancy and Completion Certificates

  CA Ramesh Agrawal In a significant move to enhance transparency and protect homebuyers' interests, the Odisha Real Estate Regulatory Authority (ORERA) has mandated that developers upload occupancy and completion certificates of housing projects onto its official website. This directive aims to ensure that residential projects comply with established norms and are fit for habitation.​ Definition of Certificates: Completion Certificate: A legal document confirming that a building has been constructed in accordance with approved plans and complies with all applicable regulations. Occupancy Certificate: A document issued by the local authority certifying that a building is suitable for occupation, ensuring it meets all necessary safety and habitability standards. Mandatory Upload Requirement: Developers are now required to upload both completion and occupancy certificates onto the ORERA website upon proj...

RERA ordered to Refund Homebuyer with Interest

  Ramesh Agrawal (LL.B. & CA) Haryana Real Estate Regulatory Authority (HRERA) of Gurugram Bench has given directions to International Land Developers (ILD) to refund the homebuyer’s money along with Interest as it has failed to deliver the property in time. Abstract of the Order of RERA :- "The authority hereby directs the promoter (ILD) to return the amount received by him from the allottee with interest at the rate as prescribed under the rule 15 of the Haryana real estate (regulation and development) Rules 2017 from the date of each payment till the actual date of refund of the amount within the timelines provided in the rule 16 of the Haryana Rules 2017,". As per Rule 16 of Haryana Rules 2017, any refund payable to homebuyer by builder should be refunded within 90 days from the date of on which refund has been ordered by the Authority. Apartment in ILD Arete project was booked by the homebuyer on 10 th June 2015 & possession was committed by 10 th December 2019...

Yogi demolished 50 Illegal farmhouses

CA Ramesh Agrawal In Uttar Pradesh’s Noida, over 50 Farmhouses which were illegally developed along the Yamuna floodplains were razed down during an anti-encroachment drive. As per Noida Authority the area of demolished properties is 1.45 Lacs Sq. Mtr. & having value of approx Rs. 55 Crores. According to officials any type of construction is prohibited in (Yamuna) Floodplains areas of Noida. Noida Authority’s Officer on Special Duty (Land) said that besides Gulawali, illegal farmhouses and constructions in Tilwada Village were also demolished during the operation. Altogether 55 Farmhouses & some illegal constructions were razed during the anti-encroachment drive. For the entire process, about 150 Employees of Noida Authority including senior officials were present on the site along with Police & PAC personnel. As per officials 9 JCB & 8 Dumpers were involved in the process. Moreover, the officials said that the Noida Authority will take up action & legal action will...

4 Illegal colonies demolished

    CA Ramesh Agrawal In Uttar Pradesh’s Greater Noida, Four illegal colonies were demolished & around 50,000 Square Meters of Land & having estimated value of Rs. 100 Crore was freed from encroachment. As per the Official Statement, the action was carried out by Greater Noida Industrial Development Authority (GNIDA) on the instruction of its CEO Surendra Singh. These four illegal colonies have come up in land notified under GNIDA in Dhoom Manikpur village area. Residential Plots were being marked & developed by some Local developers and the action was taken up when the information about this illegal activity reached to the GNIDAA officials. Senior Manager of GNIDA issued a notice to remove the constructions but the colonisers did not give attention to it. The work of demolition was conducted in the presence of GNIDA Officials, Local Police & PAC. This work was carried out for Three Hours & five Bulldozers were engaged in it. The GNIDA has issued ...

Now Online registration for affordable home in Gurugram

  Ramesh Agrawal (LL.B. & CA)   The Department of Town and Country Planning (DTCP) has launched An online draw system to make the allotment of flats more efficient and to eliminate the chances of any manipulation under the affordable housing scheme of Haryana. Now, Applicants have to apply online for affordable home through DTCP website. The draw will be done online and successful allotees will be informed through SMS . Until now, developers have advertised their housing projects and forms were distributed directly or through agents and then the draw of allotments of flats was done under the supervision of a senior town planner. As per Senior Town Planner (Mr. Sanjeev Mann), the department has been receiving the complaints about the irregularities in allotment & unavailability of the forms, so the department has decided to move the procedure online. On 7 th April, the department issued a notification in this regard and the senior officials of DTCP held a virtual confe...

Homebuyers have right to choose between RERA and Consumer Forum

                                                                        Ramesh Agrawal  ( LL.B. & CA ) Majority of Builders have cheated homebuyers in many ways including not giving possession in time, giving delay possession without any compensation for delay, etc. Nowadays     homebuyers   are gradually becoming active and filing cases against dishonest Builders. Some homebuyers are approaching Police , some are approaching RERA Court/authority and are approaching Consumer Forum.   In Consumer Forum   generally Builders argue since RERA is there homebuyers can not file complaint against them in the Consumer Forum.   For instance in a recent case a Builder namely M/s. Imperia Structures argued that all the cases related to construct...

DTCP Directs Builder (ILD) To Submit Plan To Wrap Up Delayed Projects

CA Ramesh Agrawal In Past 3 Years, the residential projects have been delayed too much in all cities and specially Gurugram. One Builder of Gurugram is ILD   which has recently been directed by the Department of Town & Country Planning (DTCP) to prepare and submit an action plan within a week for their completion. If the ILD fails to fulfil the requirement within the specified time, then the department will recommend of registering an FIR against builder. The Homebuyers of ILD Arete (Sector 33) and ILD Greens (Sector 37C) met the District Town Planner (DTP) for over three years delay in completion of work & various lack of amenities in the projects. The Homebuyers are planning to file a complaint against the Builder in Haryana RERA. The project ILD Arete was launched in 2013 and now in 2020 it is only 60% Complete. ILD’s another project, namely ILD Greens, was launched in 2008.   One of the homebuyers who bought flat in this project said the possession was su...

Farmhouses Being Built In Protected Raisina Hills Land of Gurugram

Construction of farmhouses has again started in the Raisina hills, which fall under the Aravalis, about a month after the district administration restored the term ‘gair mumkin pahar’ (uncultivable hill) in revenue records and issued demolition notices to the farmhouses already built in that area. According to Section 4 of the Punjab Land Preservation Act (PLPA) cutting   of trees in the area of ‘gair mumkin pahar’ is prohibited. As per Union environment ministry’s notification, ‘gair mumkin pahad’ is protected land and where construction of buildings, roads, electrification and cutting of trees is not permitted. Despite the issue of show cause notices to owners, the construction of many farmhouses has started in the Raisina hills. To remove the illegal structures, no action has been taken. Gair mumkin farmhouse category have around 1,500 acres of land in revenue records according to forest department. A significant portion of is in Raisina hills. Acc...

TWO PROPERTY DEALERS ARRESTED FOR SELLING ILLEGAL, UNSAFE FLATS IN SHAHBERI

Two property dealers Hirendra Kant Sharma & Ashok Goswami of Ghaziabad were arrested on Thursday for allegedly deceiving several buyers by selling them illegal and construction-wise unsafe flats in the Shahberi area of Greater Noida. Two adjoining buildings in Shahberi village had collapsed on July 17, 2018, leaving nine people, including a child and two women dead. Investigation by the administration and local authorities found that the building had been developed  illegally and without any approval. "Hirendra Kant Sharma & Ashok Goswami were arrested on Thursday from their residences in Ghaziabad. They are accused of selling illegal and unsafe flats to gullible buyers by conniving with their other associates and fraudulently making money by these sales". An FIR has been lodged against them at the Bisrakh police station in Greater Noida under section 188, 288, 420, 467, 468 and 471 of Indian Penal Code as well as under relevant...

DTCP Seeks FIR Against Sare Homes, Gurugram For Non Functional Lifts

The Department of Town and Country Planning ( DTCP ) has written to Gurugram police for lodging an FIR against the maintenance agency of  SARE Homes , Gurugram and the developer in Sector 92 because the lifts are not functional in the township, which poses a safety risk during the time of emergencies for residents. District Town Planner, Mr. RS Batthin a letter sent on Sunday, said the Annual Maintenance Contract  of 11 lifts out of 16 lifts in society has expired, while others lifts are malfunctional for the last 15 Days. He said,License of the Builder was granted to develop the society under the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975, according to which responsibility of maintenance and upkeep of society is of Builder. Any violation of the same may result in Imprisonment of Management upto 3 Years . Developer submitted a response to DTCP, in which the developer said that its directors have resigned &Town...

NCLT takes action against Builders under Insolvency and Bankruptcy Code (IBC)

Recently, various Real Estate Developers had approached the Supreme Court challenging the constitutional validity of the amendment made in the Insolvency and Bankruptcy Code (IBC) which deems the status of allottees as ‘financial creditors’ under the Act. Very recently the Supreme Court upheld the said amendment in Insolvency and Bankruptcy Code (IBC) and rejected the plea of the real estate developers in the case of Pioneer Urban Land and infrastructure Limited & Anr. v. Union of India & Ors. and recognized the status of homebuyers at par with that of the financial creditors. Availing the benefits of the Supreme Court judgment, a number of homebuyers have approached the National Company Law Tribunal (NCLT) to initiate insolvency proceedings against the defaulting developers. The NCLT has initiated insolvency proceedings against the developers - Umang Realtech Homes Pvt. Ltd. and Today Homes Noida Pvt. Ltd. after they failed to deliver the flats to the homebuye...