The Real Estate (Regulation and Development) Act, 2016 nationwide mandates the registration of the projects that are not complete and undergoing.
MahaRERA addressing a case regarding registration of a project held that not having an occupation certificate does not mean that the building has to be registered with Maharashtra Real Estate Regulatory Authority. All projects that are undergoing and not completed and where the developer is selling homes to homebuyers needs to be registered with MahaRERA.
Recently, a complaint was filed in MahaRERA wherein the complainant stated that, Miracle Mall, situated at Bhiwandi, was already occupied but, the developers (Asia Group Akbar shaikh, Abdullha Mulla and Manhar Bagadia) had failed to get the occupation certificate till date. Thus the complainant sought directions from the authority that the developers be asked to register the project.
The counsel for the developer submitted that the building was completed and occupied in the year 2012-13 and also stated that units were sold before the commencement of the RERA act and construction took place as granted by the concerned planning authority.He further stated that the developers had purchased land from the complainant and her family members, and there was an injunction from the High Court restraining the developer from carrying out further new construction and creating any third party rights, thereby maintaining a status quo in the building.
The MahaRERA chairman, Gautam Chaterjee, noted, that there are two requisites for the applicability of the Section 3 (registration), it applies to only those projects where construction work is ongoing and for which completion certificate has not been issued.
“In the present case, the project work has been completed and the building occupied by the allottees since 2012-13 and thereafter the building is under a status quo. Thus it cannot be treated as an ongoing project under the provision of section of the Act,”
The chairman disposed of the complaint stating that since the occupation certificate has not been produced doesn’t itself construe as the only requirement for a building to be registered under MahaRERA. Moreover the building has been occupied before the commencement of the RERA Act, therefore, no directions can be passed for registration under provisions of Section 3 of the RERA act.
Author – CA Ramesh Agrawal (FCA & LLB) Partner Agrawal Gupta & Sahu from Delhi and can be contacted at rameshag.ca@gmail.com
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