Case Law Details
Case Name : Geetanjali Aman Constructions Vs Hrishikesh Ramesh Paranjpe (Maharashtra Real Estate Appellate Tribunal, Mumbai)
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RERA
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Geetanjali Aman Constructions Vs Hrishikesh Ramesh Paranjpe (Maharashtra Real Estate Appellate Tribunal, Mumbai)
This appeal is directed against the order dated 10th December, 2018 of Ld. Member and Adjudicating Officer, MahaRERA as modified by order dated 11th March, 2019 pursuant to Review Application filed by Appellant in Complaint Nos. SC10000672 & SC10000691.
2. The short controversy that arises in this appeal revolves around Clause (a) of Section 3(2) of the Real Estate Regulations and Development Act, 2016 (for short, ‘the Act’). It is appropriate here to reproduce the r...
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The RERA Act is meant for plot development and Apartment project / Villa project. They will be seen as disjunctive. If a plot development is more than 500 sqm such plot developments shall be registered irrespective of the number of plots. If an apartment has more than 8 units it shall be registered irrespective of land area. This is why the lawmakers purposefully used the word ‘OR’ in clause (a) of Section 3(2) of the Act. If an apartment project having 8 units in the area of 80 cents (More than 500 sqm) shall not be registered. Unfortunately, various RERAs are different in opinion. A reference from the Central Ministry is solicited.
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