BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.: 27/2020 REGULATORY CASE NO. 367 OF 2025 PROMOTER NAME GREENSCAPE DEVELOPERS PRIVATE LIMITED PROJECT NAME ETERNIA MAHARERA PROJECT REGISTRATION NO. P52000011766 ORDER (In an extension application) May 19, 2025 (Date of hearing –08.05.2025-matter reserved for order) Coram: Manoj Saunik, Chairperson, MahaRERA Advocate Parth Chande is present for the promoter. 1. The applicant is the promoter/developer within the meaning of Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016 (“Act”) of Real Estate Regulatory Authority (“RERA”) and had registered the project “ETERNIA” under section 5 of the Act bearing MAHARERA Registration No. P52000011766 (hereinafter referred to as the “Project”). 2. The promoter has filed an extension application no. EXT52000027088 on 07.01.2025 (hereinafter referred to as “extension application”) seeking for extension of the project under section 7(3) of the Act, which was heard by this Authority on 08.05.2025, wherein the following roznama was recorded: “Heard the advocate for the promoter on the extension application. The promoter seeks extension till 31.03.2026. Matter reserved for orders on extension application.” 3. Before moving ahead, the Authority notes the registration details already on record. The promoter, while seeking registration of the project had submitted the date of completion as 31.12.2022. MahaRERA granted three (3) extensions on the ground of Covid-19 pandemic which were granted to all the projects registered with MahaRERA and qualifying under Notifications / Orders Nos. Page 1 of 4 13, 14 & 21 dated 02.04.2020, 18.05.2020 & 06.08.2021 along with extension under section 7(3), whereby the date of completion was extended upto 31.12.2024. The promoter states that the delay in the project was primarily due to the impact of the Covid-19 pandemic, which disrupted construction activities and operations. Additionally, delays in obtaining necessary permissions and No Objection Certificates (NOCs) from the relevant authorities further contributed to the overall delay in project execution. Hence, the promoter has applied for extension vide the extension application herein under section 7(3) of the Act for the period from 01.01.2025 to 31.03.2026. 4. Thus, the issue before this Authority is regarding grant of extension under Section 7(3) of the Act. In this regard, it is pertinent to note that the promoter this time has not been able to obtain 51% majority consent of the allottees of the project. In this context, the relevant extract of Section 7(3) is reproduced hereinbelow for ease of reference: “7 (3) The Authority may, instead of revoking the registration under sub-section (1), permit it to remain in force subject to such further terms and conditions as it thinks fit to impose in the interest of the allottees, and any such terms and conditions so imposed shall be binding upon the promoter.” Section 7(3) provides that instead of revoking the registration, this Authority can impose certain terms and conditions as it thinks fit to let the registration remain in force. 5. The following submissions of the promoter are noteworthy before examining the issue of grant of extension under Section 7(3) of the Act: a. Impact of the COVID-19 Pandemic: The COVID-19 pandemic led to unprecedented disruptions that severely affected project timelines. Nationwide lockdowns halted construction activities for several months. Labor shortages arose due to the mass exodus of migrant workers. Supply chains were disrupted, causing delays in procuring construction materials. Post-lockdown, the enforcement of stringent health and safety protocols further slowed down construction progress. Page 2 of 4 b. Delays in Permissions and NOCs: The project experienced considerable delays in obtaining mandatory permissions and NOCs from various authorities: • Drainage Connection Certificate (DCC): Applied on 23.10.2023; granted on 24.07.2024. • MSEDCL (Electricity Connection): Applied on 20.11.2022; granted on 19.07.2023. • Health NOC from PMC: Applied on 22.11.2023; granted on 07.08.2024. These delays adversely impacted the overall project schedule. c. Current Status of the Project: The project is currently 90–95% complete. The remaining work includes final finishing, installation of internal amenities, and completion of compliance-related formalities. d. The promoter has sought extension till 31.03.2026. 6. In view of the above, the issue of the extension under Section 7(3) of the Act, as sought by the promoter without 51% consent of the allottees, needs to be examined considering the above-mentioned fact. The Authority would like to bring on record the statements of objects and reasons of the Act, which are reproduced hereinbelow for ease of reference: “An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto.” 7. The whole aim of the Act is to promote the real estate sector in an efficient and transparent manner and protect the interest of the consumers (including home buyers / allottees). Thus, by not extending the registration of the project the same will come to a halt. The promoter shall not be able to take actions for efficient completion as may be required in view of the lack of registration. Such an action Page 3 of 4 will only be detrimental to the interest of the consumers (including home buyers / allottees). Thus, the balance of convenience lies in allowing the extension with conditions to ensure completion. Further, the Authority also notes that this extension under Section 7(3) needs to be granted so that the completion of the project is not interrupted. However, in interest of the allottees, the Authority grants an extension to the registration of the project from 01.01.2025 to 31.03.2026. This extension will be without prejudice to the rights of the allottees under the Act. In view thereof, this Authority allows the extension application keeping the rights of the allottees intact with certain directions hereinbelow. FINAL ORDER The extension application is allowed, and the extension for the project is granted from 01.01.2025 to 31.03.2026 with the following conditions: A. The promoter shall complete the construction work and obtain occupancy certificate (OC) for the project. The allottees of the project shall co-operate with the promoter. That the rights of the allottees under the Act shall, however, remain intact. B. The promoter is directed to submit within 15 days of this order date the PERT CPM / BAR charts about the milestones to be achieved with respect to the completion of the project. The same shall also be shared with the Allottees of the project. C. The promoter herein is also directed to submit monthly progress reports of achievements of such milestones and/ or delay, if any, to MahaRERA, the association of allottees, if any, formed, and the allottees of the project. D. That upon receipt of the part / full OC, the promoter shall inform this Authority about the same and update all progress on the project registration webpage from time to time. MANOJ Digitally signed by MANOJ SAUNIK SAUNIK Date: 2025.05.19 12:55:02 +05'30' Manoj Saunik Chairperson, MahaRERA Page 4 of 4