BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.:27 /2020 REGULATORY CASE NO.124 OF 2023 MEHREIN BUILDERS AND DEVELOPERS ... APPLTCANT (PROMOTER) (Through its proprietor MUGHAIZ SALIM I(OKNI) BUSHRA PARK ...PROIECT NAME MAHARERA PROJECT REGTSTRATTON NO. P51500049904 Order February 13,2024 (Date of airtual hearing - 15.01.2024, matter reserued for order) Coram: Shri. Ajoy Mehta, Chairpersory MahaRERA Shri Mahesh Pathak, Hon'ble Member-I, MahaRERA Shri Ravindra Deshpande, Hon'ble Member-Il, MahaRERA CA Piyush Verma present for the Applicant (Promoter) 1, The Applicant herein had registered the project namely "BUSHRA PARK" under section 5 of the Real Estate (Regulation and Development) Ac! 201,6 (" said Act") of Real Estate Regulatory Authority ("RERA") bearing MAHARERA Registration No. P51600049904 (hereinafter referred to as the "said Project"). 2 On05.12.2023, anapplication was made by the Applicant (Promoter) for seeking deregistration of the said Project as per circular 25A/2023. In this regard the captioned case was heard on 15.0L.2024 wherein the following roznama was recorded by the Authority in the captioned matter: "The Promoter aaers that as per RERA and rules nnd regulations thereunder, registration is not required. There are no allottees on the Project and the Promoter has submitted ffidaait to that effect. The Promoter seeks deregistration. Matter is reseraed for orders" ." J^ The Applicant (Promoter) has stated the following for seeking deregistration of the said Project: *t\- rN \*y '[\-t'* )' a. That the Applicant (Promoter) in its deregistration application stated that the Applicant (Promoter) was not required to register as Project area is 412.96 sq. mtrs which is less than 500 sq. mtrs as per the section 3 of the RER Act. b. That there are no bookings made in the Project. 4 Thus, from the submissions of the Applicant (Promoter) it is clear that there are no Allottees in the said Project. It is observed that the Project consists of only one (1) building. 5 Before the Authority decides on the order on deregistration, the section that provides conditions prior to the registration of the Project with the Authority needs to be examined. Section 3 of the said Act is hereinbelow reproduced for ease of reference: "3. Prior registration of real estate proiect utith Real Estate Regulatory Authority. - (1) No promoter shall adoertise, market, book, sell or ffir for sale, or inaite persons to purchase in any manner any plot, apartment or building, as the case mfiy be, in nny real estate project or part of it, in any planning area, ruithout registering the real estate proiect ruith tht Real Estate Regulatory Authority established under this Act: Prouided that projects thnt are ongoing on the date of commencement of this Act nnd for ruhich the completion certificate has not been issued, tlrc promoter shall make an application to the Authority for registration of the said project zLtithin a period of three months f'rom the date of commencement of this Act: ' Prottided further that if the Authority thinks necessaryt in the interest of allottees, for projects tohich are deaeloped beyond the planning arefi but ruith the requisite permission of the local nuthority, rt may, by order, direct the promoter of such project to register ruith the Authority, and the prouisions of this Act or the rules and regulations made thereunder, shall apply to such projects from that stage of registration. contained in no the real estate proiect shall be required- (a\ zahere the area o.f land proposed to be dezteloped does not exceed.fiae hundred square meters or the number of apnrtments proposed to be deueloped does not exceed eight inclusitte of all phases: Prouided that. if the nppropriate Gouernment considers it necessary, it may, reduce the threshold below fiae hundred square meters or eight apartments, as tlrc case may be, inclusiue of all phases, for exemption from registration under this Act; @) ruhere the promoter has receiued completion certificate for a real estate project prior to commencement of this Act; fl-ql- rP 54u-;r" ?age 2 of 3 \1 (c) for the purpose of renouation or repair or re-dettelopment ruhich does not inuokte marketing, adaertising selling or nero allotment of any apartment, plot or building, as the case may be, under the real estate project. Explanation. - For the purpose of this section, u,here the real estate project is to be derteloped in phases, eoery such phase shnll be considered a stand alone real estate project, and the promoter shall obtain registration under this Act for each phase sepnrately." 6. On perusal of section 3 it is clear that a Project is not required to be registered where the area of land proposed to be developed does not exceed five hundred (500) square meters. In the captioned case the project area is 412.96 sq. mtrs which is less than 500 sq. mtrs. Hence the said Project is not mandated to be registered with MahaRERA. However, the Applicant (Promoter) had registered the said Project with the MahaRERA on 06.03.2023. 7 Thus, it can be concluded that notwithstanding the exemption outlined in the aforementioned Act, it is evident that the Applicant (Promoter) voluntarily opted to register the said Project with the Authority. Nevertheless, in accordance with the provision stipulating that registration is not compulsory for the Applicant (Promoter), the Applicant (Promoter) retains the prerogative to deregister the said Project at its discretion. In the present instance, the Applicant (Promoter) has applied for deregistration. Consequently, the Authority hereby allows the de-registration application and de-registers the said Project. AM (Ravindra Deshpande) >S "$jrl- (lWahesh Pathak) (A Y1.9v ) Member-Il, MahaRERA Member-I, MahaRERA Page 3 of 3