MahaRERA quashes complaints

MahaRERA quashes complaints
26/12/2017 , by , in News/Views

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has quashed complaints of delayed possession filed by four home buyers (including a couple) against the developers of two projects in Raigad district. The developers blamed the delays on the lack of clearances from CIDCO, MMRDA and the High Rise Committee. The projects in question are Indiabulls Greens, Panvel and Indiabulls Savroli, Khalapur.

Home buyers Ganesh and Mathura More (Flat 1801 in Indiabulls Greens 2), Preeti Shah (Flat 306 in Indiabulls Greens 2); Siddarth Patravali (Flat 403 in Indiabulls Greens 3); and Vikram Jain (Flat D5501 in Indiabulls Savroli 1) had filed separate complaints of delayed possession against the Indiabulls projects, and sought to withdraw from them under the provisions of Section 18 of the Real Estate (Regulation and Development) Act.

During the hearings held in December, Lucina Land Development Limited, the promoter of Indiabulls Greens, argued that handing over possession was subject to Clause 9 of the sale agreements, which gave the promoter a reasonable time extension if delays arose due to stalled clearances or force majeure — meaning uncontrollable events like natural disasters.

The promoter said the delay was beyond its control: the planning authority changed from Alibaug Township Authority (ATA) to City and Industrial Development Corporation (CIDCO), and then to Navi Mumbai Influence Notified Area, which did not function for 19 months, delaying the incentive FSI. Also, the ATA had asked all projects above 30 floors to seek fresh clearance from the High Rise Committee (Indiabulls Greens has 39-storey towers), they said.

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