The governance of real estate projects in India is currently fragmented across two major legal regimes; the Real Estate (Regulation and Development) Act, 2016 and the Insolvency and Bankruptcy Code, 2016. While each regime serves a legitimate purpose, the consumer protection and insolvency resolution, their siloed implementation has led to delays, conflicting tribunal orders and stalled housing projects. The purpose of this study is to develop an integrated governance model that unifies these frameworks to enable transparency, resilience and sustainable urban development.
The study uses a comparative and case study analysis of statutes, case law and tribunal rulings. Comparative analysis with the European Union, Singapore and the UK illustrates global best practices. Case studies, including Amrapali, Jaypee Infratech and Supertech Ltd., demonstrate how regulatory conflicts have undermined housing delivery.
The study proposes a holistic governance model incorporating a unified legal portal, joint tribunal cells and digital oversight through geographic information systems, blockchain and artificial intelligence. These mechanisms are designed to harmonize compliance, reduce litigation and enhance preventive governance by flagging risks early.
The proposed model provides policymakers, tribunals and industry stakeholders with a roadmap for coordinated governance, offering both legal coherence and sustainable growth.
To the best of the authors’ knowledge, this is the first comprehensive framework that integrates housing and insolvency in India. It contributes academically by bridging disciplinary silos and practically by offering a digital, stakeholder-centric model aligned with the sustainable development goals.
