Dr.

Ram Manohar Lohiya National Law University Lucknow

Paper: REAL ESTATE LAW

Topic: RERA Act, 2016

Submitted to: Submitted by:

Dr. Malay Pandey Anurag Chaudhari
(Assistant Professor Law) ENR. No. 150101024
Section - A
Semester- Xth

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 ACKNOWLEDGEMENT

I take this opportunity to express my profound gratitude and deep regards to my Assistant Professor

Dr. Shashank shekhar for his exemplary guidance, monitoring and constant encouragement to give

shape to this project. The blessing, help and guidance given by his time to time shall carry me a long

way in the journey of life on which I am about to embark.

 I also take this opportunity to express a deep sense of gratitude to my respected seniors who share their

cordial support, valuable information and guidance, which helped me in completing this task through

various stages.

Lastly, I thank the almighty, my parents, brother, sisters and friends for their constant encouragement

without which this assignment would not have been possible.

ANURAG CHAUDHARI .

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Table of Contents-

1. Introduction..........................................................................................................................4
2. Marital Rape – An Understanding.......................................................................................4
3. Marital Rape and Laws in India...........................................................................................6
4. 42nd Law Commission Report............................................................................................9
5. 172nd Law Commission Report..........................................................................................9
6. Lack of criminalization of marital rape as a fundamental rights violation........................10
7. The model for criminalization of marital rape...................................................................18
8. Conclusion.........................................................................................................................23
9. Bibliography......................................................................................................................24

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INTRODUCTION

Real Estate (Regulation and Development) Act (RERA) is an act passed by the
Parliament in 2016 that came into effect fully from 1 st May, 2017.
It seeks to protect home-buyers as well as help boost investments in the real estate sector
by bringing efficiency and transparency in the sale/purchase of real estate.
The Act establishes Real Estate Regulatory Authority (RERA) in each state for
regulation of the real estate sector and also acts as an adjudicating body for speedy
dispute resolution.

Need for the RERA

Real estate sector had been largely unregulated, no standardization of business
practices and transactions.
Prevalence of issues like delays, price, quality of construction. Delays in projects
had been a major issue plaguing real estate sector- huge cost overrun due to
delays.
Numerous instances where developers cheated property buyers.
No grievance redressal mechanism.
Huge generation of black money in real estate sector.

Objectives of RERA
Enhance transparency and accountability in real estate and housing
transactions. Boost domestic and foreign investment in the real estate sector.
Provide uniform regulatory environment to ensure speedy adjudication of disputes.

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Promote orderly growth through efficient project execution and standardization.
Offer single window system of clearance for real estate projects.
Empower and protect the right of home buyers.

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Key Provisions of Real Estate Regulation Act
Establishment of state level regulatory authorities- Real Estate Regulatory Authority
(RERA): The Act provides for State governments to establish more than one regulatory
authority with the following mandate:
Register and maintain a database of real estate projects; publish it on its
website for public viewing,
Protection of interest of promoters, buyers and real estate agents
Development of sustainable and affordable housing,
Render advice to the government and ensure compliance with its
Regulations and the Act.
Establishment of Real Estate Appellate Tribunal- Decisions of RERAs can be appealed in
these tribunals.
Mandatory Registration: All projects with plot size of minimum 500 sq.mt or eight
apartments need to be registered with Regulatory Authorities.
Deposits: Depositing 70% of the funds collected from buyers in a separate
escrow bank account for construction of that project only.
Liability: Developer’s liability to repair structural defects for five years.
Penal interest in case of default: Both promoter and buyer are liable to pay an equal rate
of interest in case of any default from either side.
Cap on Advance Payments: A promoter cannot accept more than 10% of the cost of
the plot, apartment or building as an advance payment or an application fee from a
person without first entering into an agreement for sale.
Defines Carpet Area as net usable floor area of flat. Buyers will be charged for the
carpet area and not super built-up area.
Punishment: Imprisonment of up to three years for developers and up to one year in
case of agents and buyers for violation of orders of Appellate Tribunals and
Regulatory Authorities.

Benefits
Timely delivery of flats
Developers often make false promises about the completion date of the
project, but hardly ever deliver.
Strict regulations will be enforced on builders to ensure that construction
runs on time and flats are delivered on schedule to the buyer.
If the builder is not able to deliver the flats on time, he/she will have to
refund the purchaser with interest.
 Furnishing of accurate project details:
In the construction stage, builders promote their projects defining the
various amenities and features that will be part of the project. But not
everything goes as per plan, with several features missing.
As per the Act, there can't be any changes to a plan.
And if a builder is found guilty of this, he/she will be penalized 10% of the
project’s costs or face jail time of up to three years.
Specifying carpet area:
Generally, builders sell flats on the basis of built-in area, which includes a
common passage area, stairs and other spaces which are 20-30% more than the
actual flat’s area.
But, not all buyers are aware of the concept of carpet area.
With this Act it will become mandatory to declare the actual carpet area.
All clearances are mandatory before beginning a project:
Builders often attract buyers with huge discounts and pre-launch offers.
And, the buyer, enticed by the offers, does not bother about the clearance.
But, due to delays in getting clearance, the buyer does not get the flat on time.
This Act ensures that developers get all the clearances before selling flats.
Each project should have a separate bank account:
Developers raise funds through pre-launch offers and use them to purchase
some other land or invest it in other projects.
This Act will make it compulsory that a separate bank account be maintained
for each project.
Each transaction will have to be recorded, and diversion to another project
will not be entertained.
After sales service:
As per an interesting clause in the Act, if the buyer finds any structural
deficiency in the development of the building, the buyer can contact the
builder for after sales service.
But, the buyer should approach the builder within 5 years of purchase to
rectify such defects without further charges.

Concerns
Past real estate projects not included
Only new projects are covered by the Act.
Projects that are ongoing, completed or stuck due to clearance or financial
issues, don’t come under this.
Hence, many buyers will not be benefitted by it.
 Delay from government agencies
There can be delays caused by the government, which sometimes takes
a lot of time to clear a project.
It is up to government bodies to timely approve projects, so that
developers can launch, complete and deliver them on time.
No compulsory regulation for projects less than 500 square meter:
Registration with the regulator will not be mandatory for projects less
than 500 square meter.
So, small developers will not be bound to register.
New project launches expected to be delayed:
Because a project will not be allowed to launch without the requisite
clearances from the government (which generally takes two to three
years), projects will automatically get delayed.
It does not deal with the concerns of developers regarding force majeure (acts of
god outside their control) which result in a shortage of labour or issues on
account of there not being a central repository of land titles/deeds.
State governments regulated real estate before RERA as land and land
improvement are in the State List of the Seventh Schedule of the Constitution.
RERA has been enacted under Concurrent List. This has increased the tussle
between various states and Centre over implementation of RERA.

Way Forward
Avoiding any conflict between the Centre and the States regarding regulation
of real estate sector.
States should not dilute the RERA provisions. Provisions for punishment of
violations, should be kept intact in all State laws.
States should fully implement RERA to curb black money
Issues regarding the implementation of RERA in North-Eastern States should be
resolved to avoid any uncertainty in the housing sector in that region.
Government agencies should be made accountable for the delay in
granting approvals.
A robust IT infrastructure should be established for monitoring projects and
quick redressal of grievances.
All the concerns of developers should be addressed in a time-bound manner

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 to avoid unnecessary litigations in courts .

Bibliography-:

Books-:

1. Diana. E. H. Russell, Rape in Marriage, Indiana University Press, Bloomington, 1990.

2. Marital Rape-Consent, Marriage, and Social Change in Global Context-: Edited by Kersti
Yllo and M. Gabriela Torres.
3. Family Law Matters (Law and Social Theory)-: by Katherine O'Donovan

Sites-:

1. https://www.latestlaws.com/case-analysis/
2. https://indiankanoon.org/doc/87705010/
3. http://docs.manupatra.in/newsline/articles/
4. https://psychcentral.com/lib/marital-rape/
5. https://www.youthkiawaaz.com/2018/07/why-marital-rape-should-be-criminalized-in-
india/