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 Mumbai Metropolitan Region Development Authority (for short "MMRDA") prior to 1st August 2017.

4. The Petitioners are in the business of developing real estate since the last over three decades. The Petitioners claim to be one of the largest real estate developers in the country with presence in foreign countries as well. The Petitioners are developing a project at Wadala, Mumbai named 'New Cuffe Parade' (for short referred to as