TaxTMI 
TaxTMI 
TaxTMI 
2025 (1) TMI 994
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....ethods to ensure the verification of documents submitted by developers. Furthermore, the petitioner argues that the lack of coordination between MahaRERA and local authorities contravenes the fundamental objectives of the RERA Act, particularly the protection of home buyers from fraudulent real estate practices. The petitioner, therefore, seeks the Court's intervention to direct respondents to adopt a rational policy framework to prevent registration of illegal buildings and to verify the authenticity of documentation submitted for project registration. 2. The petitioner emphasizes that Sections 3, 4, and 5 of the RERA Act require developers to obtain a valid registration certificate by submitting genuine project details, including approvals from competent authorities. The Government Resolution dated 3rd May 2018 serves as a legal mandate under the Maharashtra Municipal Corporation Act, 1949, and the Maharashtra Regional and Town Planning Act, 1966, requiring local authorities to maintain and disclose public record of legal and illegal constructions. This is crucial for safeguarding potential buyers, in line with the objectives of the RERA Act. Additionally, the Government Res....
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....as coordinated with the Urban Development Department to implement a mechanism whereby all statutory documents issued by planning authorities are uploaded immediately on their respective websites. This measure aligns with Section 35 of the RERA Act, which empowers the authority to call for information and conduct inquiries to prevent malpractices in real estate dealings. The Deputy Inspector General of Registration and Deputy Controller of Stamps have been directed not to register documents pertaining to respondent No.5's project, per the Government Resolution dated 20th September 2019. MahaRERA also received a list of 65 fraudulent commencement certificates from the Assistant Town Planner, which were used by other developers. In light of this, MahaRERA has initiated proceedings to cancel registrations for 64 projects under Section 7(1) of the RERA Act, reinforcing its commitment to curb fraudulent practices. Furthermore, MahaRERA's website integration with the Municipal Corporation of Greater Mumbai enables real-time document verification within Mumbai's jurisdiction, and similar integrations with other municipal bodies are underway to ensure uniform compliance across the State of ....
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....pril and 20th April 2021, requesting verification of the sanctioned plans uploaded on its website to prevent misuse. Additionally, a toll-free number has been made available for public inquiries regarding sanctioned plans, thereby enhancing transparency as mandated by Section 11 of the RERA Act. Respondent No.4 further asserts that for the 65 projects whose registrations respondent No.2 revoked under the RERA Act due to fraudulent commencement certificates, notices under Section 260 of the Maharashtra Municipal Corporation Act, 1949 (MMC Act) were issued to initiate enforcement actions. The affidavit reveals that first information reports (FIRs) were filed for 57 projects, in compliance with Section 260 and Section 267 of the MMC Act, to enforce action against unauthorized structures. Of these, six structures were fully demolished, four were partially demolished, while 48 remain fully occupied. The Municipal Commissioner, exercising powers under Section 268(5) of the MMC Act, directed police authorities to facilitate the removal of occupants from these structures, which would allow the municipal corporation to proceed with demolition. This action highlights the stringent enforcemen....
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....davits, and the arguments of counsel. The petitioner seeks directions to establish a comprehensive policy for coordination among respondents and local authorities, aimed at preventing fraudulent registration of real estate projects under the RERA Act on the basis of forged documents, including commencement certificates and sanctioned plans. It is pertinent to note the legislative intent behind the Real Estate (Regulation and Development) Act, 2016. The RERA Act, introduced in 2013 and enacted in 2016, was born out of the need for regulatory measures in a sector that had seen substantial growth but lacked adequate consumer protections. As stated in the Act's Statement of Objects and Reasons of the Act, the primary objective is to safeguard home buyers and promote transparency in real estate transactions. This regulatory framework was envisioned to address consumer grievances by establishing accountability mechanisms for developers, minimizing fraud, and reducing delays. Section 3 of the RERA Act mandates prior registration of real estate projects with RERA, prohibiting any advertisement or sale without proper registration, thus reflecting the legislature's intent to curtail unsc....
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.... promoter. Given advances in digital governance, RERA could enhance its coordination with local Municipal Councils, Municipal Corporations, and Urban Development Planning Authorities, creating direct access to their databases for immediate document verification. This integration would enable RERA to conduct real-time verification of commencement and occupation certificates, thereby preventing forgery and protecting consumers' interests in line with the RERA Act's objectives. Establishing such a system would reflect the legislative intent to strengthen regulatory supervision, reduce fraud, and foster trust in the real estate sector. 15. The affidavit-in-reply filed by respondent No.2 outlines significant steps to ensure transparency and prompt availability of statutory documents. This includes a directive to the Secretary (Housing), Government of Maharashtra, and local planning authorities to upload all statutory certificates- including commencement certificates, occupation certificates, and sanctioned plans-immediately upon issuance on their respective websites. Further, any changes, additions, alterations, or modifications must be uploaded promptly to reflect the latest status of....
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.... any sale agreements related to respondent No.5's real estate project, providing a robust response to the petitioner's allegations against respondent No.5's conduct. 18. Regarding the petitioner's request for scrutiny of real estate projects in 27 villages in Kalyan, this relief is addressed by the revocation of registrations for 64 projects, as ordered on 3rd and 21st November 2022. These revocations followed the Assistant Town Planner's communication confirming that the 65 commencement certificates listed in its letter dated 17th August 2022 were not issued by its office. This action reflects respondent authorities' adherence to their statutory duties under Section 7 of the RERA Act, empowering RERA to revoke project registrations where fraudulent or forged documentation is involved, thereby protecting consumer interests and deterring unauthorized real estate activities. 19. Counsel for the petitioner argued for the re-scrutiny of all registration certificates issued by the RERA Authority across Maharashtra, claiming that such scrutiny is warranted given the issues raised. However, in our view, the relief sought in prayer clause (b) appears to seek a broad, speculative inqu....
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.... under the RERA Act, 2016, to seek cancellation of a project's registration. Sections 7 and 11 of the RERA Act empower respondent No.2 (MahaRERA) to revoke or suspend registrations if prima facie evidence of fraud, misrepresentation, or use of forged documents in obtaining commencement certificates is established. This Court emphasizes that the statutory framework of the RERA Act provides sufficient remedies for affected parties to initiate proceedings for redressal upon submission of credible material indicating the use of forged certificates. 22. With a view to safeguard the interests of homebuyers and ensure transparency in real estate project registrations, this Court issues the following directions: (1) Respondent No.1 shall ensure rigorous compliance with the Government Resolution dated 23rd February 2023, issued by the Urban Development Department. This resolution mandates standardized procedures for the issuance and publication of commencement and occupation certificates, ensuring transparent access to information for stakeholders. Compliance shall be monitored periodically to uphold the integrity of project documentation. (2) All Municipal Corporations, Municipalities....