Back
DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
Sandeep Pandurang Patil, S/o Pandurang Sitaram Patil – Appellant
Versus
State of Maharashtra, Through Chief Secretary of Urban development – Respondent
JUDGMENT :
Amit Borkar, J.
1. The petitioner, invoking jurisdiction of this Court under Article 226 of the Constitution of India, seeks a writ of mandamus to enforce statutory compliance and establish accountability among the State of Maharashtra, Maharashtra Real Estate Regulatory Authority (MahaRERA), and local planning authorities. The petitioner contends that under Sections 32 and 34 of the RERA Act, MahaRERA is vested with powers to facilitate an effective regulatory mechanism, which includes devising methods to ensure the verification of documents submitted by developers. Furthermore, the petitioner argues that the lack of coordination between MahaRERA and local authorities contravenes the fundamental objectives of the RERA Act, particularly the protection of home buyers from fraudulent real estate practices. The petitioner, therefore, seeks the Court's intervention to direct respondents to adopt a rational policy framework to prevent registration of illegal buildings and to verify the authenticity of documentation submitted for project registration.
2. The petitioner emphasizes that Sections 3, 4, and 5 of the RERA Act require developers to obtain a valid registration certifica
The court emphasized the necessity for rigorous verification of real estate project documents to prevent fraud, asserting that speculative inquiries without evidence are impermissible.
The main legal point established in the judgment is the retrospective or retroactive operation of RERA, 2016, and the mandatory registration requirement for ongoing projects with completion certifica....
The Real Estate (Regulation and Development) Act mandates registration for ongoing projects, where completion certificates are absent, emphasizing consumer protection in real estate transactions.
The court affirmed that ongoing real estate projects must be registered under RERA to protect allottee interests, regardless of title transfer.
The distinction between occupancy certificate and completion certificate is crucial in determining the applicability of the Real Estate (Regulation and Development) Act, 2016, and the requirement for....
Complaints under RERA can only be filed for projects capable of registration; lack of necessary permissions renders a project unregistrable, barring complaints.
Sub-Section (1) of Section 3 interdicts promoters from advertising, marketing, booking, selling, offering for sale or inviting persons to purchase in any manner any plot, apartment or building, as ca....
The completion certificate issued must be strictly in accordance with the sanctioned plan and specifications, and the responsibilities of the promoter include providing and maintaining essential serv....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
