Case Law Details
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 relevant part of the said Section for better understanding and relating the same to the facts and circumstances of the case in further account of this order.
“Section 3(2). Notwithstanding anything contained in sub section 1, no registration of the Real Estate project shall be required:
(a) Where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases “
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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.
Goodbguidance.
Please guide applicability of rera for 12.5 % Gaothan property CIDCO