JUDGMENT :

JITENDRA JAIN, J.

1. This appeal is filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (for short “RERA Act”) challenging the order of the Real Estate Appellate Tribunal (Appellate Tribunal).

Brief Facts:

2. The Appellant is an individual having land adjoining to the plot developed by Respondent No. 3 known as ‘Blue Heaven’. The Appellant is not an allottee in the said project of Respondent No. 3. On 23rd August 2017, the Appellant lodged a written complaint with the Maharashtra Real Estate Regulatory Authority (Regulatory Authority) alleging various illegality committed by the Respondent in the development of building named ‘Blue Heaven’ situated at Palidevad, Sukapur, Tal - Panvel, District- Raigad including allegation of encroachment by Respondent No. 3 on the land of the Appellant. The Appellant complainant also alleged that the said project has been constructed without registration under the provisions of the RERA Act. The Appellant complainant contended that Respondent No. 3 has used FSI belonging to his land to develop the project. The Appellant also alleged trespassing by Respondent No. 3.

3. On 26th April, 2019, the Regulatory Authority