Mayur L. Desai Vs State of Maharashtra (Bombay High Court)
Bombay High Court Directs MahaRERA to Resume Hybrid Hearings and Improve Execution Procedures; Delayed Justice and Lack of Transparency at MahaRERA Prompt HC to Intervene; HC Slams MahaRERA’s Virtual-Only Model, Mandates Physical Hearing Option; Petition Against MahaRERA’s Execution Delays Leads to Major HC Reforms Order; HC Mandates Structured Execution Mechanism for MahaRERA Orders; HC Directs MahaRERA to Implement SOPs for Urgent Hearings, Order Execution; Bombay HC: MahaRERA Must Allow Case Mentionings, Publish Timely Orders with Timestamps
The Bombay High Court has issued a significant directive to the Maharashtra Real Estate Regulatory Authority (MahaRERA), ordering it to restore hybrid hearings within four weeks. The judgment, delivered in response to a petition filed by Mayur L. Desai, emphasizes that MahaRERA’s continued reliance on a virtual-only hearing model after the COVID-19 pandemic is hindering access to justice. The court’s decision also calls for a comprehensive overhaul of MahaRERA’s procedural mechanisms to ensure greater transparency and efficiency in the adjudication of real estate disputes.
The petitioner had initially approached the court with two primary requests: an urgent order for the final disposal of his execution application, which had been pending since March 2024, and the creation of new guidelines to streamline MahaRERA’s proceedings. The court initially addressed the first request by ordering the expedited disposal of the petitioner’s specific case. The second request, which focused on systemic issues, led to a more extensive hearing involving all parties and the RERA Practitioners Welfare Association (RPWA).
