LEX INSIGHT

When a litigant is aggrieved by a court's judgment, the natural course of action is to challenge it before a superior court. This process continues up the judicial hierarchy, culminating in a potential appeal to the Supreme Court if a Division Bench's decision, even after review, remains unsatisfactory. However, financial constraints or the possibility of alternative redressal mechanisms can sometimes preclude further litigation. In such instances, while the client may find peace, the lawyer, as a professional, might be left with a lingering academic interest in the matter. This article aims to address precisely such a scenario, offering a critical review of a recent judgment that, despite its finality in the immediate case, warrants further examination for the benefit of future legal discourse and those navigating similar challenges. The Immediate Cause: Rejection of Assistant Professor (Nursing) Application A litigant is aggrieved by a judgment of the Kerala Administrative Tr...

  The Project in Focus: A "Metrocity" on the Periyar's Banks This article undertakes a thorough review of a recent final order issued by the Kerala Real Estate Appellate Tribunal, Ernakulam, a decision with significant implications for real estate regulation and allottee rights under the Real Estate (Regulation and Development) Act, 2016. The Tribunal's ruling pertains to appeals against the Kerala Real Estate Regulatory Authority's directive for the comprehensive registration of a sprawling 17.00-acre waterfront residential "metrocity" on the banks of the Periyar River. This extensive development features approximately 1000 units across 10 apartment towers and 68 villas, offering a range of configurations including 1, 2, and 3 BHK apartments, as well as 4 BHK villas. Residents benefit from a comprehensive suite of common areas and facilities, including a swimming pool, club house, gymnasium, indoor games, tennis and badminton courts, cycling and jogging...

Kochi, Kerala – In a rapidly evolving real estate landscape, a deep understanding of regulatory frameworks is paramount for aspiring legal professionals. Recognizing this critical need, Project Complete Lawyer Foundation and Law and Justice Research Foundation are proud to announce a highly anticipated 7-day online internship program on Real Estate Regulation and Development in India, with a dedicated focus on the landmark Real Estate (Regulation and Development) Act, 2016 (RERA). Designed to equip final year LLB students with practical, in-depth knowledge and skills, this intensive program offers a unique opportunity to navigate the intricacies of India's real estate sector and its robust regulatory mechanisms. Why This Internship? The Indian real estate market is one of the fastest-growing globally, yet it presents a complex legal environment. RERA, enacted in 2016, revolutionized the sector by bringing in much-needed transparency, accountability, and consumer protection...

  A Client's Struggle: The Gen esis of the Legal Challenge Our firm was recently engaged to protect a client's apartment ownership in a multi-tower complex, a task made particularly intricate by the project's layered structure. Our client's specific ownership comprises a 1.175% undivided interest in 18.984 cents of property, a 1463 sq ft apartment, and a dedicated car space. This complex, permitted in 2006 and developed across 449.39 cents, features a scheme with distinct zones, one dedicated solely to residential towers. A core aspect of this project is the shared enjoyment of internal roads and common areas by all residents. Centralized facilities such as water treatment, waste management, fire safety, and power backup serve the entire complex, alongside a vast basement spanning 552.59 cents that houses both individual parking and common facility areas. A key part of the project's design involves transferring land for common facilities, areas, and roads to an Owne...