Skip to main content

Posts

Showing posts with the label Policy & Regulation Intelligence

When Orders Meet Power

  Policy & Regulation Intelligence Edition 07 When Orders Meet Power Execution, Jurisdiction, and the Courts That Drew the Line By Arindam Bose BeEstates | Decoding law, markets, and power in Indian real estate ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ Indian real estate law has moved beyond declarations. Rights are no longer in dispute. Liability is no longer theoretical. Buyer protection is no longer aspirational. The real battle has shifted elsewhere. Today, the fault lines run through three uncomfortable questions: What happens when a lawful order is not executed? What happens when a regulator exceeds its statute? What happens when a large developer asks courts to dilute compliance? Three recent judicial interventions—two from the Delhi High Court and one unfolding through constitutional oversight—answer these questions with uncommon clarity. Together, they reveal something deeper than case outcomes: Indian real estate has entered its enforcement ph...

Procedure, Property, and Protection

  Policy & Regulation Intelligence Edition 06 Procedure, Property, and Protection: Three Judgments That Define Modern Real Estate Litigation By  Arindam Bose BeEstates  | Decoding law, markets, and power in Indian real estate ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ Indian real estate litigation today does not turn on one statute or one forum. It turns on three questions , asked in different courts, in different voices: Was the case even framed correctly? Can the State take property without law or compensation? Can buyers be forced to wait forever? Three judgments — one from a High Court and two from the Supreme Court — answer these questions. Together, they reveal the architecture of modern real estate law in India: procedure, substance, and remedy . 1. When Procedure Becomes Destiny: Jyotsana Rajendra Shah v. GujRERA (2025) The Gujarat High Court’s decision in Jyotsana Rajendra Shah v. Gujarat Real Estate Regulatory Authority is not dramatic....

When Tax Law Refused to Look Back

  Policy & Regulation Intelligence Edition 05 When Tax Law Refused to Look Back Vatika Township and the Constitution of Fairness By Arindam Bose BeEstates  | Decoding law, markets, and power in Indian real estate ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ In 2014, the Supreme Court did something rare in Indian tax jurisprudence : it told the Revenue that time matters . Commissioner of Income Tax v. Vatika Township Pvt. Ltd. was not really about surcharge. It was about whether the State can quietly walk into the past and demand money using the language of “clarification.” The dispute arose from a deceptively small amendment. The Finance Act, 2002 inserted a proviso to Section 113 of the Income Tax Act , stating that tax on undisclosed income in block assessments would be increased by a surcharge applicable in the year of search — effective from 1 June 2002 . The question before a Constitution Bench was simple but explosive: Could this surcharge be levied on searches...

From Regulation to Reckoning

  Policy & Regulation Intelligence Edition 04 From Regulation to Reckoning How Three Landmark Judgments Rewired Power in Indian Real Estate By Arindam Bose BeEstates | Decoding law, markets, and power in Indian real estate ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ Indian Real Estate Did Not Change Overnight. It Changed Judgment by Judgment. For decades, Indian real estate functioned on informal power: Promises were flexible Timelines were elastic Buyers carried risk Developers controlled outcomes Then came regulation. Then resistance. Then the courts. Between 2017 and 2020 , three judgments quietly dismantled this informal order and replaced it with something far more dangerous for misuse — a multi-forum accountability system . This edition traces that legal evolution. Not case-by-case. But system-by-system . Phase I (2017): The System Is Constitutional Neelkamal Realtors Suburban Pvt. Ltd. v. Union of India Before buyer rights could be enforced, one question had to...

Even the Mighty Must Obey the Law: Three Judgments That Redrew Power Lines in Indian Real Estate

Policy & Regulation Intelligence Edition 03 Even the Mighty Falls: How Indian Courts Are Drawing Red Lines in Real Estate Power By Arindam Bose BeEstates | Decoding law, markets, and power in Indian real estate. ⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡⬡ Real Estate Is Not Just About Property It Is About Power. Real estate appears simple on the surface — land, buildings, agreements, possession dates. But beneath that surface lies a complex power structure: Regulators who investigate and enforce Tribunals that adjudicate appeals Courts that interpret the law Buyers who seek protection Developers who execute projects When this balance tilts — when any one entity becomes too powerful — the system destabilizes. Over the last few years, Indian courts have been quietly restoring equilibrium. Not by favouring one side. But by enforcing statutory boundaries . Edition 03 of Policy & Regulation Intelligence brings together three landmark judgments delivered between ...