Can Landowners Seek Legal Recourse Through RERA to Resolve Disputes with Real Estate Developers?

June 21, 2025

In today’s real estate landscape, joint development agreements (JDAs) between landowners and developers have become common. While these partnerships can be lucrative, they can also lead to disputes. When things go south—delays in construction, deviation from agreed terms, or non-payment—landowners are left wondering: Can I approach RERA for justice?

The answer is yes, but with some caveats.

Understanding the Basics

The Real Estate (Regulation and Development) Act, 2016—popularly known as RERA—was introduced to bring transparency, accountability, and efficiency to India’s real estate sector. While homebuyers are often seen as the primary beneficiaries, RERA isn’t exclusively for them. Landowners in a joint development project can also qualify as “allottees”, which gives them a legal standing to approach RERA in case of a dispute.

So, Who Is an “Allottee”?

RERA defines an allottee as a person to whom a plot, apartment, or building is allotted or transferred. This includes landowners who enter into development agreements where the developer promises a share of the constructed property in return for development rights. Once this promise is made and registered under RERA, landowners step into the shoes of allottees—and that opens the legal door.

When Can Landowners Approach RERA?

Here are a few common scenarios:

Delay in delivery of the promised flats or built-up area.
Deviation from approved plans or promised specifications.
Non-compliance with terms in the registered agreement.
Failure to register the project with RERA (yes, that’s a red flag too).

Real-Life Examples

In several states, RERA authorities have upheld the rights of landowners in JDAs. Courts have affirmed that if a developer defaults on their obligations, landowners have every right to approach RERA just like any other homebuyer.

For example, the Maharashtra RERA (MahaRERA) and Karnataka RERA have both passed orders in favor of landowners in disputes involving delayed possession and violation of development terms.

What Should Landowners Do?

Ensure your agreement is RERA-compliant – Get the project registered and your share of the agreement clearly defined.
Document everything – Communication, timelines, and deliverables must be in writing.
Don’t hesitate to act – If things aren’t going as promised, approach the RERA authority in your state.

RERA isn’t just for homebuyers. It’s a powerful tool for landowners too. If you’ve entered into a joint development deal and find yourself on the receiving end of unfair practices, remember—you have legal recourse. As the Indian real estate ecosystem matures, it's crucial for all stakeholders to be aware of their rights. RERA is your ally in ensuring fair play.

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