BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.: 27 /2020 REGULA TORY CASE NO.O3 OF 2022 PROJECT NAME: LODHA MAHALAKSHMI - SIGNET PROMOTER NAME: MACROTECH DEVELOPERS LIMITED MAHARERA PROJECT REGTSTRATTON NO. p57900046424 along-with PROIECT NAME: LODHA BELLEVUE PROMOTER NAME: MACROTECH DEVELOPERS LIMITED MAHARERA PROIECT REGTSTRATTON NO. p57900046567 ORDER ]anuary 03,2023 (Date of ztirtual hcaing - 22.12.2022, matter reseroed for order) CORAM: Shri Ajoy Mehta, Hon'ble Chairperson, MahaRERA along with Shri Mahesh Pathak, Hon'ble Member 1, MahaRERA Advocate Yogendra Singh & Vicky Pohuja for the Promoter 1. Macrotech Developers Limited, the Promoter herein had registered the project namely "LODHA MAHALAKSHMI - SIGNET" and "LODHA BELLEVUE" under section 5 of the Real Estate (Regulation and Development) Act, 20'1,6 ("said Act") of Real Estate Regulatory Authority ('RERA") bearing MAHARERA Registration Nos. P51900046424 and P51900046567 respectively (hereinafter referred to as the "said Project 7" and "said Project 2" respectively). 2. The Promoter vide its letter dated 1,4.12.2022sought the following directions: "We hereby request you to kindly grant us early heaing in terms of the orders dated Sil, September 2022 and fgttt l11orr*ber 2022 and grant our prayers for: a. Deregistration / zoithdrautal / cancellation of RERA registration no. P51900046424. b. Confirm that P51900046567 is a sperate project from P51900046424 and P51900046567 can be sold etc. without any restrictions." Ah\rll^ K,$t Page 1 of4 u$ 3 pursuant to the above, the Authority fixed a virtual hearing vide the captioned roznama number whichwas heard on22.12.2022 wherein the following regulatory case was recorded: "The Promoter is Present. project namely Lodha Mahalakshmi - signet a,fls regtstered toith TLu promoter states that the Subsequently on MahaRERA on 22.06.2022 under the rigistration No. P5L900046424. 14.07.022 the Promoter ga1)e aletter to MahiReRA tukeep tlu aforesaidregis-trationin abeyance subsequently a complaint utas atherein no sale or thir"d-party rights were created. Thercafter, ,i filed ruhich tttas disposra iy Oider of this Authority dated 05 .09 .2022 wherein the Secretary ' MahaRERA u,as directid to enquiie into the matter of the grant of registration No' p51g00046424 and till such time the said registration uas to be lcept in abeyance. The Promoter and another subsequently states that he has thereafter submitted 2 blters one on 02.09.2022 seeking to zoithdraw tlrc registration No' P51'900046424' bearing ln the meantime, a second complaint relating to the Proiect namely Lodha Bellettue by the Authori$- registration No. P51.900046567 was filed. Tlis complaint was also disposed with instructions to tle Secretary, MahaRERA to carry out an enquiry in the aforesaid proiect registration registration. The promoter states that this new application for MahaRERA project namely Lodha Belleaue had no connection with the earlier proiect registration fiied for "granted for Lodha Mahalakshmi - signet as both the the same projects are No. P5Lg00046424 situated on independent buildingl with iidependent access howeoer they are only larger plot ofland, The promoter now seeks permission to withdrato the registration No. P51900046424 grnnted Lodhn Mahalalahmi - Signet, the commecioral project and further seeks that the restriction for 'imposed be lifud on Lodha Belleoue bearing registration No, P5!00046567, residential proiect No' as the two are not connected in any 70fly and Lodha Belleaue bearing registration p51.g00046567 has been granted registration in keeping with the procedure laid doun by MahaRERA. Heard the Promoter, matter is reseroedfor orders." 4 It is pertinent to note that this Authority is empowered to deal with the regulatory functions under section 34 of the Act. In its regulatory role, MahaRERA performs a wide range of functions. These include change of name of promoters, corrections in error in registrations due to dual registration obtained by Promoters, veracity of advertisement for proposed Projects, expiry of registration certificate and similar regulatory issues. The procedure in respect of these matters has been recently stipulated vide a MahaRERA circular f order No. 29 of 2022 dated 25.04.2022. These matters are fundamentally non adversial in nature. At times in certain regulatory matters in the interest of natural justice and transparency a hearing is required to be given. Page2of 4 So-It4$ \nrt Parties on its own and such matters MahaRERA in such cases issues notices to necessary have borne the nomenclature of "suo motu" or like in the present case of "regulatory case" is not a complaint filed by 5. It is also pertinent to note that the case before this Authority an aggrieved person under section 31 of the said Act. It is an application made for de- registration of the said Project L and seeking directions with respect to the registration hereinabove' In this of said Project 1 being sperate from said Proiect 2 mentioned context the following observations are noteworthy: a. On 05.09.2022, Chairperson, MahaRERA passed an order in complaint No' Trustees Ltd' & cc006000000251g10 filed in said Project 1 by urban Infrastructures herein' The urban Infrastructure venture Capital Fund against the Promoter operative part of the order dated o5.og.2022is reproduced hereinbelow: ,,9. ln tsiew of the abooe obseruations the captioned complaint is dismissed on the standi and thus the preliminary issue dealt hereinaboae. The Complainants haoe no locus complaint is not maintainable under RERA' this Authority aiews that 10. Haaing dismissed tlw complaint on the issue of maintainability the issues rais;ed by the C-omplainants warrants a fresh look at.the.registration' The registration grantei needs to be reoiewed in oiew of the issues raised in this complaint' This. pioog of reiiew will be conducted as a suo motu eiercise ns a part of the -regulatory oaersight 'functioi of this Authority. lt is hereby directed that.the Secretary, MahaRERA aill call for all documents relahng ti tne registraiion and examine the same afresh. This willbe done as a suo motu regulatorl exercise."Tlrc Secretary shall submit a report on the compliances that haae been done or iot done for obtaining the said Project regis-tratio:. Th, Secretary, MahaRERA shall also ,uggrit remedies *a tlrc toay fonoar4 if !!V- The report oJ the- days ftom the date of Secretary, MahaRERA sniUae submitted to this Autiority within -30 is not gizten by this order. Till the final decision of this report of the Secreiary, MahaRERA the Respondent this Authority the said Project rigistration shall be kept in abeyance lnd to purchase fut any shall not adtsertise, market, book,"sell or offer for sale, or imtite person/s manner any apartment in the said Proiect. No order as to cost." b. pursuant to the d.irections in the ord.er dated 05.09.2022 the Secretary, MahaRERA submitted a report dated 28.09.2022 which is hereby annexed and marked as "Annexure A". c. There#ter, on 18.11.2y22,Member L, MahaRERA passed an order in complaint No' CC0060000002g2406 filed in said Project 2by the same Complainants i.e. Urban Infrastructures Trustees Ltd. I Llrban lnfrastructure Venture Capital Fund against the Page 3 of 4 \-$- Promoter herein. The operative part of the order dated 18.11..2022 is reproduced hereinbelow: "16. Hozoeuer, as directedby the Hon'ble Chairperson/NlahaRERA in aforesaid order dated 05-09-2022, since the complaint has alleged that this project is extended part of the first projectbearing MahaRERA registration no. P51900046424, the Ld. Secretary/MahaRERA is directed to club this project along with the said Project no. P51900046424 and after scrutinizing all releaant documents submitted by the respondent no. L, to file report before the Hon'ble Chairperson/MahaRERA for further appropriate order. Till then this proiect registration shall be kept in abeyance and the respondent promoter is restrained from any adaertisement, marketing, booking, selling or ffir for sale, or inztite person/s to purchase in any manner any apartment in this project as utell. L7. With these obseraations/ directions, the present complaint stands disposed of." d. Pursuant to the directions in the order dated 18.11.2022 the Secretary, MahaRERA submitted a report which is hereby annexed and marked as "AnnexureB". 6 On perusal of the two reports submitted by the Secretary, MahaRERA the following directions are given: a. That the said Project L be de-registered as there are no bookings made by the Promoter herein. b. That the said Project 2 is a separate project and the Promoter herein for the said Project 2 is allowed to advertise, market, book or create third party rights by offer for sale, enter into agreement for sale for any apartment in the said Project 2. FINAL ORDER Thus, from the above the said Project f. is de-registered. The Promoter herein is allowed to advertise, market, book or create third party rights by offer for sale, enter into agreement for sale any apartment in the said Proiect 2. No order as to costs. Mahesh Pathak Member 1, MahaRERA *u* Chairperson MahaRERA Page 4 of 4