The document discusses the Indian real estate sector and laws related to real estate and infrastructure development. It states that the real estate sector is witnessing increased demand in 2022 and is expected to see 5% capital value growth. The government has undertaken initiatives to incentivize real estate purchases and prioritize affordable housing. Real estate is defined as land and buildings used for residential, commercial, institutional and industrial purposes. Immovable property refers to land and anything permanently attached to land like buildings.

1. REAL ESTATE AND INFRASTRUCTURE
DEVELOPMENT LAWS

2. Real Estate Industry in India

3. INTRODUCTION
• India’s real estate sector is witnessing a healthy increase in demand in
2022 and this momentum is expected to hold for the rest of the year.
From commercial spaces to the residential market, the overall market
outlook is a bright one for the real estate industry.
• The real estate sector brings huge benefits and opportunities such as
stability, future security, assured returns etc, and currently attracts
homebuyers who are planning for a secured future and hassle-free
living. Therefore, the realty sector has become the most preferred
investment choice of buyers and investors. As per an industry report,
the realty sector is set to experience an approximate 5% capital value
growth in the residential segment in the year 2022.

4. • Certain projections state that the sales momentum is expected to
increase in 2022 as prospective homebuyers will continue to prefer
bigger homes, better amenities and attractive pricing will keep them
interested in sealing the deals. Additionally, the luxury housing
market is poised to touch new heights in the coming year.
• A number of initiatives have been undertaken by the Government of
India with the hope of incentivizing real estate purchases. The
announcements made in the Union Budget 2022-2023 will help in
creating a thriving atmosphere in the real estate sector.

5. • The government continues to prioritize the affordable housing
segment and parallelly looking at ways to strengthen the existing
financing systems to provide liquidity to stuck real estate projects. In
the first week of December, the Government of India extended the
deadline to provide pucca houses to all families in rural India to 2024.
The Cabinet decided that the flagship rural scheme, Pradhan Mantri
Awas Yojana-Gramin will be provided INR 2.17 lakh crore in additional
Central and State funding to achieve its target of building 2.95 crore
houses.
• NITI Aayog expects that the Indian real estate sector will reach a
market size of $1 trillion by 2030 and will account for 13 per cent of
India’s GDP by 2025.

6. REAL ESTATE MEANING
Real estate' refers to land as well as buildings which can either be residential
or commercial or may include
1. Housing Units,
2. Commercial Offices Spaces
3. Buildings Like Schools, College, Hospitals
4. Trading Spaces Such As Theatres, Hotels And Restaurants,
5. Retail Outlets,
6. Industrial Buildings
7. Factories
8. Government Buildings Etc. .

7. • Real estate is a term that encompasses land along with those
improvements to it such as commercial and residential structures,
roadways and ports that are all fixed in location.
• Construction is the process of building new infrastructure on real
estate. Real estate development is a feat of multitasking by a wide
host of professionals, including financial analysts, legal experts,
project managers, construction managers, design engineers and
project architects etc.

8. Concept of Property
• The term property is generic term used refer to all kinds property such as
land, buildings, movable objects including rights and interests capable of
being enjoyed by anyone.
• Under law, the concept of property may be used to describe the legal
relationship between a person and an object. The concept of property is
often said to refer to a bundle of rights that may be exercised with respect
to that object i.e.
1. Right of ownership i.e. Title to the property
2. Right to possess and enjoy the property to the exclusion of others
3. Right to alienate the property in any manner one likes.

9. IMMOVABLE PROPERTY
As per Section 3(26) of the General Clauses Act 1897,
"immovable property" "shall include land, benefits to arise out of land
and things attached to the earth, or permanently fastened to anything
attached to the earth".
Section 2(6) of The Registration Act,1908 defines
"Immovable Property" as under: "Immovable Property includes land,
building, hereditary allowances, rights to ways, lights, ferries, fisheries
or any other benefit to arise out of land, and things attached to the
earth or permanently fastened to anything which is attached to the
earth but not standing timber, growing crops nor grass".

10. IMMOVABLE PROPERTY
The expression ‘Immovable Property’ can be said to comprise
following:
1. Land :- Land includes the following:
I. Earth’s surface.
II. Column of space above the earth surface.
III. The ground beneath the surface
IV. All objects which are on or under the surface in its natural state-
minerals, lakes, ponds, rivers.

11. Benefits to arise out of land
Apart from property being immovable from the physical point of view,
every benefit arising out of it and every interest in such property is also
regarded as immovable property like
• hereditary allowances,
• rights of way, lights,
• ferries and fisheries.
• A debt secured by a mortgage of immovable property is an interest
inland.
• A right to collect lac from jungle, flash from pond, right to take
minerals, rent from hat or market place etc

12. Things attached to earth
S.3 of Transfer of Property Act, 1882 defines the expression “attached to the
earth” as including-
I. Things rooted in the earth,
II. Things imbedded in the earth,
III. Things attached to what is so imbedded,
I. Things rooted in the earth- Includes like trees and shrubs, but when such
trees constitute standing timber they are not immovable property.
Note- if the intention is to use them for enjoying their fruits, they will be
regarded as immovable property. But if the intention is to cut them down
sooner or later for the purpose of utilizing the wood they would be timber
and regarded as movable property.

13. Things imbedded in the earth-
It includes such things as houses and buildings. There are certain thing
which are imbedded in the land but not a immovable property like
anchor imbedded in the land to hold a ship.
• When the article in question is no further attached to the land by its
own weight, it is generally to be considered as movable property. But
when in such a case if the intention is to make the articles as part of
the land
The rule is- if the article stands on the earth up to its own weight, it
will not be part of the land but if it is caused to go deeper in the earth
by external agency, then it is part of a land.

14. Things attached to what is so imbedded
• It includes like door, window of a house are attached to the house for
the permanent enjoyment of the house, when the intention is not
permanent enjoyment then it becomes the movable property like
fans, blinds.
• To determine whether a fixture is permanent or not, the following
points need to be considered:
a) Mode of Annexation: Temporary, standing on its own weight or dug
in to the earth, etc.
b) Purpose or Object of Annexation

15. • The real estate industry has also seen the introduction of numerous
frameworks, bodies and regulations, such as RERA - Real Estate
Regulatory Authority, Consumer Protection Act, 2019. It was
established to ensure a fast grievance registry and redressal. The
primary objective of RERA is to drive home transparency and promote
security. The central and various state governments have also
launched several projects to improve the way transactions happen in
the realty market.