UP RERA orders 3618 (18.04.2026) and 10369 (29.09.2026) · Seven NCLT plan approvals · November 2026

Builder in insolvency and UP RERA closed your case? What happens to your RERA order once a resolution plan is approved, and what seven plans actually gave buyers

UP RERA has ended pending complaints and recovery action against seven insolvent builders, and clarified the cut-off date in September. We read the regulator's two Hindi orders and all seven tribunal approvals, so you can see what replaces a RERA order, what late claimants get, and which doors stay open.

7
builders whose pending UP RERA complaints and order execution were abated by order 3618
72.5%
of principal: the refund option in the Clarion Townships plan, paid over 42 months
12 paise
per rupee: Colorcity's pool for unverified buyer claims, if all of them are admitted (our arithmetic)
45 days
the longest you can take to appeal an approved plan to the NCLAT

The short version

A RERA order is only worth what the resolution plan says it is worth

Many Noida and Ghaziabad buyers hold a piece of paper that says their builder owes them a refund with interest, or a flat by a date. Some also hold a recovery certificate. If that builder goes through insolvency and a resolution plan is approved, the paper stops being the thing that decides what you get. The plan decides. Uttar Pradesh's regulator has now put that in writing, for seven named companies, and a standing decision suggests more lists will follow.

1. The regulator has closed the file. UP RERA's order 3618 of 18 April 2026 abates pending complaints and the execution of orders against seven promoters whose plans were approved. A second order, 10369, listed on the site on 29 September 2026, says this applies to complaints filed before each plan's approval date. Later complaints are not covered.

2. The plans pay principal, not delay interest. In the terms the seven approval orders reproduce, we found no delay interest for buyers. One plan says outright that interest and penalties accrued on admitted claims during the insolvency are "permanently extinguished".

3. Most plans ask buyers for more money or a haircut. Clarion: Rs 3,990 per sq ft, or 72.5% of principal back over 42 months. Sarvottam: an extra Rs 500 per sq ft, or a refund after deducting 25% of the sales consideration. K V Developers: a stressed buyer may exit with principal less 10%, paid when the flat is resold.

4. Filing late is expensive, and not filing can be fatal. Late claimants got a 36-month refund in one plan and a share of a small pool in another. In a Gurugram case, the plan clause quoted to the regulator says unclaimed units are settled at nil, with the money forfeited.

5. Your rights are strongest before the vote. After approval, the routes are narrow: a 45-day appeal window, the plan's monitoring committee, and fresh complaints for fresh breaches.

Watch the two orders, the seven plans and what you can still do, explained from the documents (under 4 min).

The order

What UP RERA actually decided, in two scanned pages

The trail starts at the Authority's 179th meeting on 31 July 2025 (agenda item 179.07). It decided that once the NCLT accepts a resolution plan approved by the committee of creditors, pending complaints and execution proceedings against the original promoter will be abated by a single order. The order 3618 that applied this came nearly nine months later, on 18 April 2026, signed by the Secretary, and it names seven companies.

UP RERA order 3618 dated 18 April 2026 listing seven promoters with admission and plan approval dates
UP RERA office order 3618, 18.04.2026: the seven promoters. The fourth column is headed "successful resolution applicant" but holds dates; order 10369 confirms these are plan approval dates, and all seven match IBBI's order lists.

That first order left a hole: abated from when? Order 10369 closes it. Only complaints and execution proceedings "instituted or filed" before the plan approval date in the table count as abated. Any complaint filed after that date, or received in future, is outside the order. The rest of the April order stands. The order glosses "abate" with the Hindi word for ended, so read it as closed, not paused.

Three practical points follow. The list of individual complaints sits in annexures 1 to 7, which are not on the public page, so check your own case on the portal or in the system notification the order says will be sent. Recovery officers at Lucknow and Greater Noida are on the copy list, so recovery certificates are in scope. And the decision of July 2025 is general, so we read seven as a first batch rather than the whole list. That last point is our inference: UP RERA has not said so.

UP RERA order 10369 of September 2026 clarifying that only complaints filed before the plan approval date are abated
UP RERA office order 10369, listed on up-rera.in on 29.09.2026. The handwritten date on the copy is hard to read; the site's notice list gives 29-09-2026.

Why it happens

The clean slate: why a tribunal plan beats a regulator's order

This is not UP RERA going soft. It follows a rule the Supreme Court set in Ghanashyam Mishra (2021), quoted in the Clarion approval: once a plan is approved, the claims in it are frozen and bind everyone, and "all such claims, which are not a part of resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings" on them. The logic is that a new owner must know exactly what it is buying.

"All such claims, which are not a part of resolution plan, shall stand extinguished."

Insolvency reaches you in stages, and each stage takes something different from the RERA route. UP RERA's December 2025 advisory, as reported by LiveLaw and others, said 129 projects of 14 companies had entered insolvency since January 2024 and that it could not hear or enforce against them during the moratorium. We could not find the advisory's text on up-rera.in, so treat those counts as reported.

What happens to a UP RERA case at each stage of a builder's insolvencyFive stages: admission and moratorium, the claim window, the creditors vote, NCLT approval of the plan, and the period after approval when appeals are limited to 45 days and UP RERA closes complaints filed before the approval date.1Insolvency admittedMoratorium starts. UP RERA stops hearingand enforcing against this builder.2Claim windowFile your claim with the resolutionprofessional. Attach your RERA order.3Creditors voteOne representative votes for all buyers,the way the majority of the class voted.4NCLT approves planPlan binds everyone. Claims outside itend. The moratorium lifts.5After approval45 days at most to appeal. UP RERA closescomplaints filed before this date.
Your RERA case at each stage. Stages 4 and 5 are where the regulator's route ends. Sources: IBC ss.14, 25A(3A), 31, 61; UP RERA orders 3618 and 10369.

There is one protection worth knowing. In Vishal Chelani (6 October 2023), the Supreme Court held that buyers who went to UP RERA and won are still financial creditors, and cannot be given worse terms than buyers who did not. IBBI's summary quotes the court calling that treatment "highly inequitable". The company in that case, Bulland Buildtech, is number four on UP RERA's list. In the plan approved on 9 July 2024, eight named RERA decree holders, with Rs 4.16 crore admitted, sit in a row that reads "Unit will be given to genuine RERA Decree Holders". The decree did not pay them. It kept them level with everyone else.

Page 14 of the NCLT order approving the Bulland Buildtech plan, showing the row for RERA decree holders
NCLT New Delhi, Canara Bank v Bulland Buildtech, 09.07.2024, p.14 (Form H extract): RERA decree holders, and GNIDA at Rs 16.50 crore against Rs 26.45 crore admitted.

The seven plans

What buyers actually got: a flat for more money, or part of their money back

Each approval order is public on IBBI's site. The full plans mostly are not, so this table rests on what the orders reproduce. Your own unit terms may differ, and the plan is the document to get.

ApprovedBuilderNew ownerWhat the order shows for buyers
17.04.2023K V DevelopersBrijkishor Trading + Sumit Kumar KhannaKVD Wind Park, Greater Noida (UPRERAPRJ3122, 924 flats, 44 shops). Balance payment plan plus a "sale price equaliser". Stressed buyers may cancel within 90 days: principal less 10%, on resale. Late claimants: refund within 36 months of implementation.
16.05.2024Sparkspell HomesNirmala InfradevelopersUnits at Rs 4,000 per sq ft for committee members, principal adjusted, balance at possession, two years. Below Rs 5 lakh invested: refund without interest. Interest and penalties accrued during the insolvency "permanently extinguished". The order records the only asset, land, as transferred to a related party.
11.06.2024Manju J HomesRed Apple Buyers Welfare AssociationA buyers' body as owner: Rs 11.2 lakh corpus, Rs 25,000 per flat, 5% mobilisation advance from allottees within 6 months. Three years plus six months. A new developer funds construction under an MoU.
14.06.2024Colorcity HomesVibhor Vaibhav InfrahomeNo flats. Admitted buyers get 100% of Rs 6.28 crore admitted within 100 days, allotment cancelled on payment. Rs 20.63 crore of claims still under verification share a Rs 2.5 crore pool.
04.07.2024Clarion TownshipsLala Jugal Kishore Jewellers consortiumRohtas Platina, "left abandoned". Build in 4 years plus 6 months at Rs 3,990 per sq ft on super area, principal adjusted. Or refund of 72.5% of principal over 42 months. Double allotment: first allottee keeps the unit, later ones take another unit or 40%.
09.07.2024Bulland BuildtechSaviour BuildersUnit for eight RERA decree holders. GNIDA, the land authority, raised to Rs 16.50 crore after a tribunal query. Monitoring committee to oversee delivery.
30.07.2024Sarvottam RealconAnugraham BuildersSarvottam Shree, Ghaziabad. Extra Rs 500 per sq ft of saleable area, or a refund within 90 days after deducting 25% of sales consideration. Handover 2 years plus 6 months from construction start. Late claims: 8,950 sq ft, first come first served.

Read the Sarvottam row twice. The handover clock runs from a "construction commencement date", which needs environment clearance, GDA approval and RERA, and the plan's effective date is defined by the settlement of a dispute with GDA. A plan date is not a possession date. Under the Clarion refund, a buyer who paid Rs 40 lakh would get Rs 29 lakh back over three and a half years, with no interest shown (our illustration). Compare that with a RERA order for the full sum plus interest and you see the size of what the clean slate removes.

Years from insolvency admission to plan approval, seven UP RERA promotersManju J Homes: 4.8 years; Sparkspell Homes: 4.7 years; Bulland Buildtech: 3.3 years; Clarion Townships: 3.2 years; Sarvottam Realcon: 3.1 years; K V Developers: 2.5 years; Colorcity Homes: 1.3 years.Years from admission to plan approvalManju J Homes4.8Sparkspell Homes4.7Bulland Buildtech3.3Clarion Townships3.2Sarvottam Realcon3.1K V Developers2.5Colorcity Homes1.3
Admission and approval dates from UP RERA order 3618, checked against IBBI's lists. Arithmetic ours. Every one of these approvals then waited at least 20 months for the regulator's order.

Late or missing claims

You never filed a claim. The answer depends on how far the case has gone

Buyers do miss the public announcement. The K V Developers case is the main authority in their favour. In Puneet Kaur (NCLAT, 1 June 2022), buyers whose claims were refused for delay won a direction: because the plan was still awaiting NCLT approval, the professional had to pass on details of buyers shown in the company's records, and the applicant had to prepare an addendum. The result is in the table: late claimants get a refund within 36 months, once they prove the booking within 30 days of a newspaper notice. So watch the papers for that notice. It is the kind of thing buyers miss twice.

That help has a limit, and the limit is the approval date. In August 2026, reports of an NCLT Indore order (secondary, not read by us) say the tribunal refused a late buyer on exactly this ground, distinguishing Puneet Kaur because those plans were not yet approved.

Before NCLT approval

  • File even if late, and cite your unit in the company's records
  • Ask the professional in writing to add you
  • Ask for the plan's treatment of late claims
  • Puneet Kaur can help you here

After NCLT approval

  • Claims outside the plan stand extinguished
  • Only what the plan set aside is left: a pool, a refund, or nothing
  • Colorcity: about 12 paise per rupee if all pending claims pass
  • Sarvottam: first come, first served

The Gurugram version is harsher. On 27 May 2025 HARERA dismissed Subhash Pramanik v Sare Gurugram (CR/6276/2022). The order records the plan clause relied on by the new owners: for units with no claim filed, claims are settled at nil, all monies paid "stand forfeited", allotments are cancelled, and the owner may resell the unit. HARERA held the claim was dealt with in the plan, and left the buyer free to go to the appropriate court or tribunal if the plan is not honoured. We have not found a blanket order like UP RERA's in Haryana, though we did not search every HARERA order. Treat it as case by case.

Money you already recovered

A recovery that lands too late can be taken back

If you collected money under a RERA recovery certificate, it may not be final either. On 17 March 2026 the NCLT at Allahabad decided Renaissance Realty's application in the Jaiprakash Associates insolvency. The buyer of a Jaypee Greens Kalypso Court flat held a UP RERA order of 06.10.2020 and said Rs 1 crore was recovered in execution. Its claim was admitted at Rs 68,25,224 and it received the flat, after depositing the Rs 1 crore with the tribunal. The tribunal held that keeping the money "would result in preferential recovery by one allottee" and released it, with interest, to the resolution professional.

That order turned on its own facts. Our note on the Jaypee Sports City plan and our explainer on recovery certificates cover the wider picture. The point for a buyer is simple: if your builder is near insolvency, ask a lawyer before you treat recovered money as spent.

What you can still do

Seven moves, in the order they matter

1Find out where your builder stands.Search the company on ibbi.gov.in. The claims and order pages list the admission date, the professional and every tribunal order. Check UP RERA's notices too.
2File a claim the day you learn of it.Do not wait for your RERA case. Attach the agreement, payment receipts and your RERA order. Keep proof of filing.
3Vote, and push the representative.The Supreme Court said again in Alpha Corp (5 May 2026) that one representative votes for the class by majority, and a dissenting minority cannot break away. This is your only real say on price and exit terms.
4Get the plan, not just the order.Ask the professional or your representative for your class's terms. Look for the price per sq ft, the refund option, the handover trigger and what defines the effective date.
5Choose your option on time.Exit windows are short: 90 days from the effective date in the K V Developers plan. Missing one can leave you on the default track.
6Count 45 days from approval.An appeal goes to the NCLAT within 30 days, with 15 more only for good cause (IBC s.61). In Alpha Corp the court held appeals 34 days late, on the same kind of limit for the Supreme Court, simply out of time.
7Treat later breaches as new.Order 10369 leaves complaints filed after the approval date outside the abatement. Our reading: a new breach by the new owner can go to RERA, but a claim for the old delay still meets the clean slate. If a plan is not being honoured, the monitoring committee and the NCLT are the first stops.

One clause is worth knowing if you feel the people who took your money got away. Under the Manju J Homes plan, existing shareholders, directors and officers stay liable for their past actions, while the new owner does not. Plans differ, so check yours. The clean slate cleans the company, and it need not clean the people.

If you are evaluating a purchase in these markets, Akhut Estates advises buyers directly: akhut.in/contact

Sources

Every document, so you can check us

  • UP RERA order 3618 (18.04.2026) and clarification 10369, both in one PDF: up-rera.in/pdf/abateorder.pdf
  • K V Developers, NCLT New Delhi Court III, 17.04.2023: IBBI copy; Puneet Kaur, NCLAT, 01.06.2022: IBBI copy
  • Sparkspell Homes, NCLT Allahabad, 16.05.2024 (scanned; figures checked on page images): IBBI copy
  • Manju J Homes, NCLT New Delhi Bench IV, 11.06.2024: IBBI copy
  • Colorcity Homes, NCLT Allahabad, 14.06.2024: IBBI copy
  • Clarion Townships, NCLT New Delhi Bench VI, 04.07.2024 (quotes Ghanashyam Mishra para 102.1): IBBI copy
  • Bulland Buildtech, NCLT New Delhi, 09.07.2024: IBBI copy
  • Sarvottam Realcon, NCLT New Delhi Bench IV, 30.07.2024: IBBI copy
  • Renaissance Realty v RP of Jaiprakash Associates, NCLT Allahabad, IA 77/2025, 17.03.2026: IBBI copy
  • Vishal Chelani v Debashis Nanda, Supreme Court, CA 3806/2023, 06.10.2023: IBBI summary (we read the summary, not the full judgment)
  • Alpha Corp Development v Greater Noida Industrial Development Authority, Supreme Court, 05.05.2026, 2026 LiveLaw (SC) 460: judgment PDF
  • Subhash Pramanik v Sare Gurugram, HARERA CR/6276/2022, 27.05.2025: order
  • Reported, not primary: UP RERA's advisory on 129 projects (LiveLaw); NCLT Indore on late claims (LiveLaw)

Not checked: the full plans (only the orders), the annexures to order 3618, whether any plan has been delivered, whether any approval is under appeal, and current UP RERA project records (the search was in maintenance on 5 November 2026). This note explains documents and is not legal advice on your case.

Before the vote you are a creditor with a say. After approval you are a line in someone else's plan.

Bedrock · Policy & Regulation · Sources: UP RERA orders 3618 and 10369; NCLT approvals of 17.04.2023 to 30.07.2024; NCLAT 01.06.2022; NCLT Allahabad 17.03.2026; Supreme Court 2021, 2023, 2026; HARERA 27.05.2025. All read 05.11.2026. Illustrations and arithmetic are ours.

This note is published for general information only and reflects our reading of publicly available information at the time of writing. It is not investment, legal, or tax advice, and Akhut Estates is not a SEBI-registered investment adviser. Please take independent professional advice before acting on anything you read here.

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