National Journal of Real Estate Law

From Shankari Prasad to Present: Parliamentary Amending Power, Framework Gaps, Elements, and Basic Structure Impact

PAYAL KUMARI — Sun, 12 Apr 2026 00:00:00 +0000

This paper examines the evolution, application challenges and the impacts of the basic structure doctrine. It also traces the vision of the constitution framers to maintain the unity and integrity of the country. The paper also analyses the development of the doctrine through cases such as Shankari Prasad v. Union of India (1951), Kesavananda Bharati v. State of Kerala (1973), and Shayara Bano v. Union of India (2017). Moreover, it investigates the problems, including Variation in Court Decisions, Unclear Boundaries for Parliament, and challenges in Balancing Conflicting Constitutional Values. The paper not only inculcates the problems but also provides the solutions by suggesting Sovereign, Democratic, and Republican Nature, Secularism, and Welfare State Principles, etc, to inculcate in the basic structure doctrine framework. The paper concludes with several impacts of the basic structure doctrine, notably Protecting National Unity, Safeguarding Democracy, Preserving Secularism and Fundamental Rights.

From Fragmentation to Accountability: Real Estate Regulation and Consumer Protection in India

N. Krishna Kumar — Fri, 02 May 2025 00:00:00 +0000

Real estate is one of India’s fastest-growing sectors, contributing not only to gross domestic product but also to large-scale employment and ancillary industries. The unprecedented pace of urbanisation, however, has raised pressing concerns about environmental sustainability, consumer protection and regulatory efficiency. Until recently the sector operated in a fragmented and largely unregulated environment, which often resulted in delayed projects, diversion of funds and erosion of buyer confidence. To address these issues Parliament enacted the Real Estate (Regulation and Development) Act, 2016 (RERA), which introduced a uniform regulatory framework requiring mandatory registration of projects and real estate agents, disclosure of approvals and timelines, and escrow of 70 per cent of buyer advances to safeguard project completion (Real Estate (Regulation and Development) Act, 2016). Judicial pronouncements have reinforced the consumer-centric spirit of the Act. In Newtech Promoters and Developers Pvt. Ltd. v. State of UP, (2021) 3 SCC 790 (SC), the Supreme Court upheld the retrospective application of RERA provisions to ongoing projects to protect allottees. Similarly, environmental dimensions have been emphasised by courts. In Friends Colony Development Committee v. State of Orissa, (2004) 8 SCC 733 (SC), the Supreme Court underscored the need for strict adherence to planning norms and building regulations to protect public interest. This article critically examines the evolution of real estate regulation in India through RERA and related statutes, explores how these laws attempt to balance rapid development with transparency, accountability and sustainability, and, drawing on comparative examples and Indian case law, suggests ways to strengthen the legal framework for real estate to meet future urban and environmental challenges

From Green to Grey: A Legal Analysis of Environmental Impacts of Rapid Real Estate Development in Urban Fringe Areas

Swarnima Gorani , Bhupinder Singh — Sun, 12 Apr 2026 00:00:00 +0000

The rapid expansion of real estate development into urban fringe areas represents not only an environmental crisis but a profound failure of legal governance in the twenty-first century. As metropolitan populations swell and housing demand intensifies, peri-urban landscapes once characterised by agricultural lands, wetlands, forests, and grasslands are being systematically converted into residential, commercial, and mixed-use developments, often in direct contravention of existing statutory protections. This article examines the legal dimensions of such transformation, interrogating the regulatory frameworks and their failures governing biodiversity loss, soil degradation, hydrological disruption, urban heat island intensification, air
quality deterioration, and the fragmentation of ecological corridors. Drawing upon statutory law, judicial precedents, and comparative regulatory analysis across rapidly urbanising jurisdictions in Asia, Africa, and the Americas, this paper evaluates the legal architecture and its structural inadequacies that permit irreversible ecological harm in peri-urban zones. The discussion
contextualises findings within the broader framework of environmental constitutionalism, sustainable development law, and the emerging jurisprudence of rights of nature. The article concludes with law reform recommendations grounded in rights-based environmental governance, mandatory green infrastructure standards, and ecosystem-based legal frameworks aligned with the United Nations Sustainable Development Goals and the Sendai Framework for Disaster Risk Reduction.

Real Estate Law in India: Legal Structures, Regulatory Mechanisms, and Contemporary Issues

Rejitha S. — Fri, 02 May 2025 00:00:00 +0000

Real estate law in India regulates the ownership, transfer, development, and management of immovable property, playing a vital role in ensuring economic growth and social stability. With rapid urbanisation and increasing investment, the real estate sector has grown in both scale and complexity, necessitating a robust legal framework. This article examines the legal foundations of real estate, including property rights, classifications of land, and transaction processes. It also examines the regulatory impact of the Real Estate (Regulation and Development) Act, 2016, in enhancing transparency and safeguarding consumer interests. The article also explores legal challenges such as title disputes, regulatory inefficiencies, and compliance issues. By critically assessing the evolving legal landscape, the study highlights the need for strengthened governance, technological reforms, and efficient dispute resolution mechanisms in the real estate sector.

RERA and Insolvency: An Attempt to Safeguard Homebuyers in Stalled Developments

Ujjwal Kumar — Fri, 02 May 2025 00:00:00 +0000

This article talks about two laws, RERA and the Insolvency and Bankruptcy Code and how they work together to help people who buy homes. For a time if a builder went bankrupt people who bought homes from them had no way to get their money
back or get their homes finished. In 2016 RERA was made to protect homebuyers. In 2018 the government changed the law to treat homebuyers like Financial Creditors. This gave homebuyers a say in what happens to the builders company. The article explains what rights homebuyers have under RERA. These rights include getting a refund or getting the project completed. It also talks about how these rights work with the insolvency process. The article looks at court cases. These cases have helped define the rights of homebuyers. The goal is to show how RERA and the Insolvency and Bankruptcy Code can be used together. This helps
ensure that people do not lose their life savings when a real estate project stops. The laws help protect homebuyers. Homebuyers have rights under RERA and the Insolvency and Bankruptcy Code. These rights are important, for homebuyers.