Policy & Regulation Intelligence Edition 10 Jurisdictional Collision: Who Controls Power During Project Instability? By Arindam Bose BeEstates | Decoding law, markets, and power in Indian real estate ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ The first generation of RERA litigation was simple. Delay. Possession. Refund. The second generation is not about delay. It is about institutional collision . When projects destabilize, four power centres compete: Media Secured creditors Adjudicatory tribunals Collective buyer federations This edition examines how four High Courts calibrated those collisions — not by expanding RERA, but by defining its limits. I. Media Power vs. Developer Reputation Experion Developers Pvt. Ltd. vs. UP Television Network Pvt. Ltd. Court: Delhi High Court Judge: Justice V. Kameswar Rao Citation: AIR 2020 (NOC) 833 (DEL.) Background A television network broadcast allegations that Experion was a “thug builder,” claimi...
The Great Enclosure How India Turned Land into a Tax Shield By Arindam Bose BeEstates | Decoding law, markets, and power in Indian real estate ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ The Prologue: The Receipt of the Prophecy On January 16, 2026, the prophecy stopped being theory and arrived as a WhatsApp screenshot. PropShare Platina, an SM‑REIT that was supposed to be “boring yield,” quietly wired a per‑unit distribution of ₹23,814.96 for the quarter ended December 31, 2025. That line item wasn’t just a payout; it was a balance sheet diagram written in rupees. The anatomy of that ₹23,814.96 matters. Only ₹5,262.88 per unit was classified as interest income. The remaining ₹18,552.08 per unit was labelled as repayment of debt—a return of capital rather than income. In other words, barely over one‑fifth of your “distribution” was taxable cash flow; nearly four‑fifths was your own principal walking back to you, tax‑efficiently, through the trust structure...