In a significant interim relief order, the Delhi Real Estate Regulatory Authority has directed state-run developer NBCC Ltd to refrain from initiating coercive recovery measures against Rajeshwari Realty Pvt. Ltd. while an appeal remains pending before the Real Estate Appellate Tribunal.
The dispute centres on payment demands linked to electricity and maintenance charges in a commercial development in Saket, South Delhi. During recent proceedings, the regulator was informed that NBCC had already challenged earlier directions before the appellate forum. However, no interim stay has been granted in that appeal so far. Rajeshwari Realty approached the Authority after receiving a fresh demand notice earlier this year. The allottee sought protection against potential recovery steps, arguing that enforcement action during the pendency of appellate proceedings could prejudice its position. After considering submissions from both sides, the regulatory bench directed that no coercive action be taken until the next date of hearing. The matter has now been scheduled for further consideration in March, while the appeal before the tribunal is also listed for hearing next month. The order underscores the balancing role of the Real Estate Regulation and Development Act 2016 framework, which seeks to protect homebuyers and allottees while ensuring contractual and financial discipline in real estate projects. Legal experts note that interim protections are often granted to preserve the status quo when appellate remedies are being pursued, particularly where recovery action could have irreversible consequences.
The underlying dispute forms part of a broader regulatory disagreement over compliance, project classification and financial obligations under the Act. Such conflicts are increasingly surfacing in complex mixed-use and commercial developments, especially where public sector developers are involved. Urban policy analysts say the case highlights a recurring challenge in India’s evolving real estate governance system: ensuring clarity in cost allocation and service charge recovery while maintaining investor confidence. Electricity and common area maintenance dues are frequent flashpoints in large developments, particularly when project timelines, occupancy milestones or regulatory registrations are contested. The regulator’s direction does not resolve the substantive dispute but temporarily stabilises the situation, allowing the appellate process to proceed without parallel enforcement pressure. Observers suggest that outcomes in such cases could shape future interpretations of how interim financial demands are treated during litigation under the Act.
As Delhi’s commercial real estate market continues to expand particularly in established hubs like Saket regulatory certainty remains critical. The case will now hinge on how the appellate tribunal assesses the competing claims, with implications for developers, institutional allottees and the broader compliance ecosystem in the capital’s property market.
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