Bombay HC quashes MahaRERA tribunal order against L&T
The Bombay High Court (HC) set aside on October 17 another single bench order given by Maharashtra Real Estate Appellate Tribunal, in line with an HC ruling earlier this month which said the Tribunal needs to have a minimum two-member bench with at least one judicial member.
The HC ruling by Justice MS Karnik came during the hearing of a second appeal filed by Larsen &Toubro Ltd (L&T) which challenged the tribunal’s March 14, 2019 order directing the developer to pay interest on a sum of Rs 1.65 crore for delaying possession of a flat booked by home-buyer Rekha Sinha in L&T’s Emerald Isle project in Powai.
Earlier this month, the HC had set aside two Tribunal orders given by its Administrative Member SS Sandhu asking developer Man Global Ltd to pay interest on delayed possession to two home buyers on the ground that as per provisions of the Real Estate (Regulation and Development) Act (RERA), a single-member bench has no jurisdiction to decide upon appeals or applications.
The order by Justice RD Dhanuka had ruled that Section 43 (3) of RERA clearly states that every bench of the Appellate Tribunal shall consist of at least Judicial member and one Administrative or Technical member. L&T had raised the same question of law – whether a sole member of the Tribunal can decide any appeal.