Teji Mandi: Coronavirus pandemic injures the real estate sector
Teji Mandi: Coronavirus pandemic injures the real estate sector

Observing that the Maharashtra Real Estate Regulatory Authority (MahaRERA) is a complete code in itself, the Bombay High Court, on Friday, refused to entertain a PIL challenging the blanket extension given to all the developers for completing their projects.

A bench of Chief Justice Dipankar Datta and Justice Makarand Karnik said if any home buyer is aggrieved by the blanket extension given to development projects by the MahaRERA, then s/he could challenge the same before the tribunal itself.

"The RERA is a complete code in itself dealing with regulation and promotion of the real estate sector, protection of the interests of the consumers and establishment of adjudicatory mechanism for speedy dispute redressal," CJ Datta said, adding, "Apart from imposing liabilities on promoters, rights are created in favour of home buyers.”

The bench was dealing with a bunch of petitions challenging the May 18 orders of MahaRERA by which the earlier orders of March that granted extension for development projects till June 30 were further extended.

The pleas alleged that the orders were illegal and arbitrary as it were totally against the provisions of the RERA. However, the bench noted that the MahaRERA had a specific remedy to appeal for any person (home buyer or developer) against any decision or order passed by the authority. The judges noted that the order could be challenged before an appellate tribunal, which is headed by a HC judge.

"In that view of the matter, home buyers for whose benefit this PIL has instituted, are not left without a remedy. If indeed any home buyer is aggrieved by the order or direction, he/she/it is free to approach the appellate forum," CJ Datta said.

"Thus, we are not inclined to entertain this PIL petition," the judges said while disposing of the plea.

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