Real Estate Regulatory Authority (RERA & REAT)

Real Estate Regulatory Authority (RERA & REAT)

The real estate landscape is governed by strict statutory frameworks designed to balance builder accountability with project viability. Khokher Advocates provides formidable, end-to-end representation in complex real estate litigation under the Real Estate (Regulation and Development) Act, 2016.

We represent real estate promoters, corporate developers, welfare associations, and aggrieved allottees (homebuyers) before the Uttarakhand Real Estate Regulatory Authority (UKRERA), the Real Estate Appellate Tribunal (REAT) in Dehradun, and the High Court of Uttarakhand.

UKRERA Original Jurisdiction & Adjudication

We handle high-stakes original complaints before the UKRERA Authority and Adjudicating Officers. Our trial-level real estate practice focuses on:

  • Homebuyer Claims: Litigating claims for delayed possession, project abandonment, refund of investments with statutory interest, and compensation for structural defects.

  • Builder/Promoter Defense: Defending real estate developers against frivolous allottee complaints, managing compliance notices, and contesting arbitrary penalty assessments by the Authority.

  • Project Registration & Revocation: Intervening in severe regulatory matters involving the suspension or revocation of a project’s RERA registration.

REAT Appeals & Statutory Pre-Deposits

When UKRERA passes an adverse or legally flawed order, we prosecute and defend statutory appeals before the Appellate Tribunal (REAT).

  • Appellate Strategy: We meticulously draft appeals challenging erroneous factual findings, improper interest calculations, and jurisdictional overreach.

  • Section 43(5) Compliance: For our promoter clients, we navigate the stringent mandatory pre-deposit requirements (requiring promoters to deposit the penalized amount before an appeal is heard), strategically managing corporate cash flow while fighting erroneous judgments.

Execution & Recovery Proceedings

Securing an order is only half the battle; executing it is often the most complex phase. We aggressively pursue the execution of UKRERA orders, coordinating with District Magistrates to recover decreed amounts as arrears of land revenue and ensuring that recovery certificates (RCs) are strictly enforced against defaulting parties.

High Court Appeals & Writ Jurisdiction

As a firm anchored in the High Court of Uttarakhand, we seamlessly transition real estate disputes to the highest state level when necessary:

  • Second Appeals: Filing statutory appeals under Section 58 of the RERA Act before the High Court on substantial questions of law arising out of REAT judgments.

  • Writ Petitions : Invoking the High Court’s constitutional writ jurisdiction to stay arbitrary execution warrants, challenge unconstitutional RERA regulations, or compel the Authority to act when statutory mechanisms stall.

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