The word ‘or’ used in Section 3(2)(a) of RERA has to be read disjunctively | Out of the two criteria mentioned in Section 3(2)(a) of RERA for grant of exemption from Registration of Real Estate Project fulfilment of one, promoters are not liable to get their project register | Allottees/Homebuyer of an Unregistered Project cannot address their grievances either before the Regulatory Authority or Adjudicating Officer – Devinarayan Housing and Property Developments Pvt. Ltd. and Ors. Vs. Manu Karan and Ors. – Madras High Court

A. Whether in terms of Section 3(2)(a) of RERA prior registration of a real estate project under Real Estate Regulatory Authority (RERA), a promoter or developer is required to get register the project, in the event if they proposed to develop not more than eight apartments in an area of more than 500 sq.mtrs? B. Whether the allottee of an unregistered real estate project under Section 3(2) of the RERA, 2016, will have any protection under the provisions of RERA, to address their grievances before the Regulatory Authority or the Adjudicating Officer or REAT under RERA?

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Whether the provisions of the RERA would apply in case of an ‘Agreement to Lease’? | Whether the definition of the term “Promoter”, as provided under Section 2(zk) in the RERA, would include a ‘Lessor’? | Whether the remedy provided to the ‘Allottees’ under Section 18 of the RERA can be available only against the ‘Promoter’, or, in that sense, also against a ‘Lessor’? – Lavasa Corporation Ltd. Vs. Jitendra Jagdish Tulsiani – Bombay High Court

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