BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.:27 /2020 REGULATORY CASE NO. 257 OF 2024 RAJI]NDRA SI IANKAR PATIL ... APPI ICANT/COM PLA IN A NT AITII IANT SUPERSTRUCTURES LIMIlIlD PROMOTI] It/ RESPONDENT MAHARERA PROJECT REGISTRATION NO. P52OOOO45699 ORDER February.C 2025 (Date of uirtual luaing -26.07.2024, matter rcserued for ordtrl Coram: Mahesh Pathak, Membei-L MahaRERA Ravindra Deshpande, Member-Il, MahaRERA Advocate Chaitanya B. Nikte present for the complainant/applicant Representative Nimish Shah present for the respondent/promoter 1 The applicant filed an application dated 07.06.2024 in the form of a complaint. The respondent is the promoter within the meaning of section 2(zk) of the Real Estate (ReSulation and Development) Act,2016 ("the Act") and had registered the project namely "ARIHANT ADARSH PHASE I" (erstwhile Arihant Aakarshan Phase II) under section 5 of the Act of the Real Estate Regulatory Authoriq- ('RERA") bearing MAHARERA Registration No. P52000045699 ("the Proiect"). The promoter in terms of a correction application no. CR52000021942 had changed the name of the Proiect from "ARIHANT AAKARSHAN PHASE II" to "ARIHANT ADARSH PHASE I". On 07.06.2024, an application was made by the applicant for seekinS revocation of the Project. In this regard the application was heard on26.07.2024 whercin the following roznama was recorded: " Adoocate Cllaitonya B. Nikte prese t fot the Complairutnt/Applicart Represefiatiae Nimish Slnlt present for the RespondrntlPromoter The Complainnnt states that subscquent to tlw sanction of Planning Authoity tlw NGT ranoktd tln enoironmental clearance and ifiposed certain corditions. In oieu of this the Prcmoter could not lul,e continued uith construction and sales of the units ifl the Ploject. Howeuer, lhe Complainant fnds tlut stles of the units is going on uhich could cause lnrdships to tle buyers . The Conrplainnt seeks reoocation tnd suspension of RERA registration number of this Project ofld directiltes to stop sales. The Prontoter informs the Authoity tlut NGT had indeed issued certqin directions regrading a certain distalrce to be mqintained. Based on this clirection tlw Promolet has raised their plnn and made it compliant ruith NGT directions. With these conrylia,tt plafls they tpproaclred tlv Plnnning Authoity, and tlc Planniflg Authonry has nou granted perruissiotts. ne Pronrcter leiterntes thal he is fully in conrpliance with the enuironnrcntal larts and Plmting Authoity rcrml In uieu of tlu isate inttohting the Plonnirg Authoity, the Authoity tponld direct tlu Director of Compliance, MahaRERA to call for n report for this Project lrom Municipal Amnissioner, Pqnael Municipal Corporation. Subsequent to the report, the Authoity tpill close tlrc matter for order." 3 The applicant has made the following submissions in support of seeking revocation of the Project: a. That the promoter suppressed material facts and made misleading statements pertaining to the Project. b. That the Hon'ble National Green Tribunal s ("NGT") Order dated 21.08.2023 was allowed in Appeal No. 39/2022 and Appeal No. 40/2022 thereby setting aside the environment clearance dated 25.O7.2022 tor the Project. Page I of 5 v $^,LU^L err'\ {/l c. That the Panvel Municipal Corporation ("PMC") has revoked its permission granted for development of lhe Proiect in terms of the letter dated 27.06.23. d. That the Maharashtra Pollution Control Board ("MPCB") in terms of its letter dated 17.10.23 has revoked its c,rnsent. e. That the applicar,t has initiated proceedings by filing a Public lnterest Litigation bearing Case No. 119 of 2024 before the I lon'blc Bombay High Court, which is presently pending adjudication ("the PIL"). f. That the promotor has suppressed the fact that the environment clearance was cancelled in terms of the order passed by the tribunal. g. That the promoter has made misleading statements in terms of its letter dated 10.03.23 stating that they have completely stopped construchon work and hat e intimated the subiect matter to the customer. h. That the promoter is marketing the Proiect in name of "Aadarsh Sports City" and misrepresenting the allottees vide hoardings, posters and brochures and giving false promises of varic,us amenities. 4 The submission of the respondent is as follows: a. The respondent states that the NCT indeed had issued directions regarding a certain distance to be maintained and based on these directions the promoter has revised their plans and made it conrpliant with NGT's directions and with these revised plans have approached the planning a.rthority, and the planning authority has now granted permissions. The respondent further states that thev are now fully in compliance with the envtonmental laws and plannhg arrthority norms. b. The respondenl states that the lands on which the Proiect is proposed to developed ("the said lands") were never declared to be falling under a no development zone or buffer zone. c. The respondent furtler states that the PMC in terms of its commencement certificate ("CC") dated 25.03.2022 granted the permission to commence the wrrrk of construction on the said lands. d. That the State Lovel Environment Impact Assessment Authority ("SEIAA") in terms of their order dated 25.07.22 Btanted, environmental clearance to the respondent and further in terms of their order dated 27.O9.22 a Consent To Establish was also granted by the MPCB. e. That the PMC issued a notice dated I5.11.2022 to stop construction on the basis of complaint filed by Taloja tr4anufactures Association. f. That the PMC vide its revocation order dated 27.06.2023 unilaterally revoked the development pe,rmission/CC dated 25.03.2022. g. That the responrlent applied for revised development permission with residential buildiags outside the 500 rneters and further states that the PMC in terms of their letter dated 01.01.24 have granted the revised development permission/commencement certificate. h. That the respondent has applied for an environmental clearance in terms of the app)ication No. SW/153175/2023 dated 04.12.23 to SEIAA and apptied for consent to establish iI terms of the application No. MPCB-CONSENT-00000210629 dated 27.05.24 to the MPCB. i. That the NGT has set aside the environmental clearance dated 25.07.22 issued in favour of the respondent and that the respondent has filed an appeal belore the Hon'ble Bombay High Court agahst the said order of the NGT in terms of the writ petition No. 5096 of 2024 which is pending. j. That the complainant intentionally hidcs the important fact that the respondent has got the revised CC dak:d 01.01.24 and that the complainant made this complaint with malafide intentions and that the complaint may please be dismissed with cost. J From the facts and srrbmissions of the complaint the issue that needs to be examined. b wutlrcr lln complainant is entitled to seek leaocqtion of tlu Project undet section 7 of tht Act? 6 Before determining the issue at paragraph No.5, the following observations are noteworthy: a. It is obserled that the promoter has obtained two commencement certiJicates dated 25-03,2022 and 01.01.2024 and has uploaded the same on the proiect webpage of the MahaRERA website. [t is further observed that commencement certificate dated Page 2 of 5 i. o,Lk-zl ee!' \ 25.03.2022 was granted up to ground + 13 upper floors and the commencement certificate dated 01.01.2024 was granted up to Ground t 36 upper floors. b. The promoter while seeking the Project registration vide his application submitted a commencement certificate dated 25,03.2022 as one of the mandatory requisites for seeking project registration under the Act. c. It is observed that as per last quarterly progress reports (QPR) uploaded by the promoter on the project MahaRERA website there is no construction activity undertaken by the promoter for the I'roiect. d. It is observed that there are 129 allottees in Project as per the MahaRERA project website- e. It is observed that promoter has not disclosed the litigation before this Authodry related to the Proiect before the NGT. f. It is observed that the prorect land falls under Central Hazardous Waste Treatment Storage and disposal Facility CIIWISDF1 bufler zone hence the Taloja Manufacture Association fiIed NGT case bearing No.39/2022 & 40 /2022. g. lt is observed that pwsuant to this case the PMC in terms of its revocation order dated 27.06.2023 cancelled the commencement certificate dated 25.O3.2O22 Sranted to the Proiect. h. It is obseryed that the NGT by its order dated 21.08.2023 allowed appeal no.39 o12022 and appeal no. 40 of 2022 and directed the environmental department to cancel the environment clearance granted. The said order dated 21.08.2023 is reproduced hereinbelow for ease of reference: "Ptoiect Propo ent that tlv project in Etestion is falling uithin 500 mtrs of tht CIMSDF facility , tohich uas alreaQy in etistence, tohich cannot be permitted to be constructerl in aieto of the lau laid doton by the Hon'ble High Court of Gujarat fu thc case of Parth Mahila Utkatsh Manilal (N.G.O.) thtough Mahamarti (supra), on this single count, tlrc Etairotmental Clearance (EC) rlated 25.07.2022 in both tluse appeals deserues to be set sside and it is accor dingly set aside. " i. It is further observed that the MPCB by letter dated 17.10.2023 has revoked its consent for the Project based on the order passed by the NGT dated 21.08.2023 and further the MPCB has refused to glant revised Consent to Establish vide letter dated 03.05.2024. j. As per roznama dated 26.07.2024, the Authority had directed the Diector of Compliance MahaRERA to call for a report from the PMC on the status of the Proiect having comrnencement certificates dated 25.03.2022 and 01.01.2024 issued to the respondent. The Dilector of Compliance MahaRERA sought the said rePort from PMC in terms of its letter dated 12.08.2024 . k. The PMC in its report dated L0.L0.2024 stated that it has revoked the conmencement certificate dated 25.03.2022 granted for the development of the Prorect and further states that the promoter has supressed the fact of carcellation of the environmental clearance b1 the NCT order. l. It is observed that the promoter has got revised commencement certificate dated 01..0'1.2024 from the PMC and accordingly promoter had also filed correction application with MahaRERA and has corected necessary dctails such as revised FSI, area etc. on MahaRERA proiect website. Further, the promoter has also obtained environmental clearance dated 09.10.24 issued by the SEIAA. 7. In view thereot it is pertinent to examine section 7 of the Act: "7. (7) The Authonty may, on receipt of a compkrinl or suo motu in tlis helmlf or on tlu recommendatiott of tlV conrytetlt authoity, reool