India: Real Estate and Construction

The Supreme Court of India has delivered a landmark ruling in a redevelopment dispute, firmly establishing that Permanent Alternate Accommodation Agreements executed under the Maharashtra Housing and Area Development Act are statutory instruments, not mere private contracts. This decision addresses critical questions about developer obligations, occupant rights, and regulatory authority when redevelopment projects fail to honor commitments made to original tenants.

India’s infrastructure programmes largely depend on public-private partnerships (“PPPs”) to mobilise specialised expertise, capital and operational capacity for projects that serve public purposes.

Multiple appointments of the same arbitrator for a single corporate group can lead to the appearance of a conflict, even if none exists. This blog takes a critical look at disclosure obligations, institutional rules and specific appointments in construction, infrastructure, insurance and energy arbitration under Indian, English law.

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.

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.

The Bombay High Court recently delivered a significant judgment in Flagship Infrastructure Limited addressing the applicability of Maharashtra Ownership of Flats Act (MOFA) provisions to deemed conveyance proceedings in township projects. This ruling examines whether traditional flat ownership regulations extend to large-scale residential developments and what implications this holds for property rights in integrated townships.

When a property developer enters insolvency proceedings under India's Insolvency and Bankruptcy Code, homebuyers who have invested their life savings face critical questions about their rights and remedies. This comprehensive analysis examines the legal framework governing builder insolvency, explaining how homebuyers are classified as financial creditors, their role in the Committee of Creditors, and the practical steps they must take to protect their interests through the Corporate Insolvency Resolution

On 24 September 2026, the Securities and Exchange Board of India (SEBI), at its 215th board meeting (Board Meeting) held in Mumbai, approved several proposals placed before it after public consultation, as summarised in Press Release No. 59/2026.

This month’s Real Estate Updates cover key legislative and regulatory developments impacting apartment ownership, real estate project registrations and cooperative housing societies. The updates include the Karnataka Apartment (Ownership and Management) Bill, 2026, proposed changes to the framework governing apartment ownership and redevelopment, TNRERA’s extension of project registration timelines in view of the prevailing situation in West Asia, and the Maharashtra Government’s decision to lift the ban on allotment of state-owned land to cooperative housing societies.

In this episode, Vshrupt examines the Madhya Pradesh High Court’s decision in Smt. Shanti Singh & Ors. v. State of Madhya Pradesh & Ors.

On August 31, 2026, the Allahabad High Court ruled that civil courts cannot resolve boundary demarcations of agricultural land under the guise of issuing a permanent injunction. The decision in Hamid Khan And 4 Others v. Jwala Prasad And 13 Others (Second Appeal No. 475 of 2026) set aside concurrent decrees passed by lower civil courts and reinforced the mandatory role of statutory revenue procedures in Uttar Pradesh.

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.