2023:BHC-AS:25030 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 432 OF 2023 Dr. Yogesh Keshav Bele ...Appellant Versus Maharashtra Real Estate Regulatory Authority & Ors. ...Respondents ….

Mr. Vidyadhar Bolaikar for the Appellant.

None for the Respondents.

CORAM : JITENDRA JAIN, J. DATE : 25th AUGUST, 2023.

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 compl