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K.K.TATED, R.I.CHAGLA
Macrotech Developers Limited – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. nature and requirements of the complaint under rera. (Para 2 , 3 , 4 , 5 , 6 , 10 , 19) |
| 2. arguments regarding interpretation of rera sections. (Para 21 , 24 , 36) |
| 3. separation of powers between authority and adjudicating officer under rera. (Para 47 , 71 , 84) |
| 4. court's reasoning on jurisdiction regarding project registration. (Para 62 , 86) |
| 5. final decision regarding quashing of the impugned order. (Para 87) |
JUDGMENT
R.I. Chagla, J. - Rule. Rule made returnable forthwith.
2. By this Petition fled under Article 226 of the Constitution of India, the Petitioners have sought quashing and setting aside of the order dated 31st December 2020 passed by the Adjudicating Officer, Maharashtra Real Estate Regulatory Authority (for short "Maha RERA") in Complaint No. CC 006000000056889 ("the impugned order").
3. The Petitioners have further sought for declaration that the Petitioners are not required to register the Phase of its project "Lodha Dioro" upto 40th floors under the provisions of Section 3 of the Real Estate (Regulation and Development) Act, 2016 (for short "the Act"), in view of the part occupancy certificate in respect thereof having been obtained/issued by the Mu
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