India’s Urban Redevelopment Regulations for apartments: Structural Weaknesses, Policy Gaps, and Future Directions

Authors

  • Samirsinh Parmar Assistant Professor, Department of Civil Engineering, Dharmasingh Desai University, Nadiad, Gujarat, India
  • Swati H Chauhan Associate professor, GHMC Savli, Dist. Vadodara.

Keywords:

Urban Redevelopment Law, Housing Society Governance, Consent Thresholds, Interim Compensation, RERA Compliance, Legal Framework Gaps, Redevelopment Dispute Resolution, State Regulatory Variations

Abstract

Urban apartment redevelopment in India is impeded by a fragmented and inconsistently enforced regulatory framework. Despite the growing necessity for redevelopment of ageing structures, overlapping central and state laws create ambiguity regarding consent thresholds, rights of occupants of installed projects, and entitlement to interim rent or rehabilitation during reconstruction. Judicial authorities have clarified that resolutions passed by a cooperative housing society’s general body are binding on all members, yet statutory protections remain uneven across states, with several laws lacking explicit provisions for
compensation or temporary accommodation. This study examines RERA (2016), state apartment ownership statutes, cooperative society enactments, municipal regulations, and relevant case law to identify these legal gaps and underscores the need for harmonised reforms, including uniform consent norms, mandatory interim compensation, escrow-backed conveyance, and expedited dispute-resolution mechanisms.

References

The Real Estate (Regulation and Development) Act, 2016 (Bare Act / state RERA

material).

The Maharashtra Apartment Ownership Act, 1970 (text & amended provisions

relating to redevelopment).

Delhi Apartment Ownership Act, 1986 (model bye-laws and declarations).

Published

2025-12-01

Issue

Vol. 8 No. 2 (2025): Journal of Advanced Research in Business Law and Technology Management

Section

Research Article

Copyright (c) 2025 Journal of Advanced Research in Business Law and Technology Management

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