Regulatory Frameworks And Gaps In India’s Urban Redevelopment Laws
- IJLLR Journal
- Sep 30
- 1 min read
Samirsinh P. Parmar, Associate Professor, Department of Civil Engineering, Dharmasingh Desai University, Nadiad, Gujarat, India.
Dr. Swati H Chauhan, Associate Prof., Gujarat Homeopathic Medical College, Savli, Vadodara
(ORCID ID: https://orcid.org/0000-0003-0196-2570)
ABSTRACT
Urban apartment redevelopment in India faces legal and regulatory fragmentation. Aging buildings and urban development goals have spurred redevelopment, but overlapping central and state laws create persistent gaps. Key issues include unclear owner consent thresholds, unresolved occupancy of stalled projects, and absence of statutory norms for interim rent or rehabilitation until reconstruction.
Courts have begun clarifying these issues. The court also affirmed that resolutions adopted by a housing society’s general body bind all members and cannot be invalidated by unilateral objections. However, laws still vary by state: many statutes lack explicit provisions for compensation during redevelopment, relying on private agreements. This study synthesizes RERA (2016), state apartment acts, cooperative society and municipal rules, and key case law to map these deficiencies. The analysis underscores the need for coordinated reform—such as uniform consent thresholds, mandatory interim compensation, escrow-backed conveyance, and fast-track dispute resolution—to streamline urban redevelopment
Keywords: redevelopment, apartment ownership, consent, interim rent, deemed conveyance, RERA, cooperative society
