BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.: 27/2020 REGULATORY CASE NO. 293 OF 2024 PROMOTER NAME TARANGAN INFRAVENTURES PRIVATE LIMITED PROJECT NAME PIONEER ORCHID MAHARERA PROJECT REGISTRATION NO. P50500017948 ORDER (In an extension application) September 16, 2024 (Date of hearing –13.09.2024 matter reserved for order) Coram: Shri Ajoy Mehta, Chairperson, MahaRERA Mr. Anil Nair (Managing Director) present for the Promoter. 1. TARANGAN INFRAVENTURES PRIVATE LIMITED is the Promoter/Developer within the meaning of Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016 (“said Act”) of Real Estate Regulatory Authority (“RERA”) and had registered the project “PIONEER ORCHID” under section 5 of the said Act bearing MAHARERA Registration No. P50500017948 (hereinafter referred to as the “said Project”). 2. The Promoter has filed an extension application No. EA11092401794 on 11.09.2024 (hereinafter referred to as “said extension application”) seeking for extension of the said Project under section 7(3) of the said Act which was heard by this Authority on 13.09.2024 wherein the following roznama was recorded: “Party states that up to the 10th floor they have got part OC and have accordingly completed and handed over. However, on 11th floor they are not able to get OC as subsequent to completion the height approved earlier by Civil Aviation was reduced. They are now in dispute and are trying to settle the matter. In the meantime, they are Page 1 of 5 seeking extension so that a decision can be taken on the floor to which Civil Aviation has taken an objection. Matter reserved for Orders.” 3. Before moving ahead, the Authority notes the registration details already on record. The Promoter while seeking registration of the said Project had submitted the date of completion as 31.12.2021 which was rectified to 30.06.2022 vide correction application bearing no. CR50500003274. Further, 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. 13, 14 & 21 dated 02.04.2020, 18.05.2020 & 06.08.2021 along with section 7(3) whereby the date of completion was extended up to 30.12.2023. The Promoter states that the project has been completed in all aspects as per the sanction plan from Nagpur Municipal Corporation, but it has come into a dispute with the Airport Authority of India which has reduced the originally provided height of 54 Meters to 36 Meters (i.e reduction of 18 Meters). And an appeal has been filed on the said issue with the Airport Appellate Authority, Jt. Secretary New Delhi, which is pending. Meanwhile, the Promoter have applied for a part occupancy certificate upto the 10th floor which shall be obtained soon. That there are a few sold apartments on the 11th floor. The owners have been intimated of the said dispute and they have been offered relevant relief measures which they have agreed to. The Project has even received the Fire NOC and no development work is pending for the said Project. Hence the Promoter has applied for extension vide the said extension application herein under section 7(3) of the said Act for the period from 31.12.2023 to 31.12.2026. 4. Thus, the issue before this Authority is with regard to grant of extension under Section 7(3) of the said Act. In this regard it is pertinent to note that the Promoter this time has not been able to obtain 2/3rd majority consents of the Allottees of the said Project. In this context the relevant extract of Section 7(3) is reproduced hereinbelow for ease of reference: Page 2 of 5 “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.” On the plain reading of Section 7(3) of the said Act, it is clear 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 observations are noteworthy before examining the issue of grant of extension under Section 7(3) of the said Act of registration of the said Project: a. The said Project comprises of one (1) building. b. During the hearing the Promoter submits that upto the 10th floor they have got part OC and have accordingly completed and handed over. However, on 11th floor they are not able to get OC as subsequent to completion the height approved earlier by Civil Aviation was reduced. They are now in dispute and are trying to settle the matter. In the meantime, they are seeking extension so that a decision can be taken on the floor to which Civil Aviation has taken an objection. c. Further it is also observed that the Promoter has failed to comply the following documents under Order No. 40: a. Format B consent as per Circular No. 28 b. The reason in details why the required percentage of consents from the allotees could not be obtained as well as list the efforts taken by them for obtaining same. c. The reason why the application of extension should be considered without the required 51% consent from allottees. d. An explanatory note setting out the grounds and reason for delay in completion of the real estate Project, the need for grant of extension along with supporting documents. e. Shall provide the list of complaints filed before MahaRERA or before any court of law, Tribunal, Forums along with details and passed therein. f. Notarized Declaration as per Order No. 40. Page 3 of 5 g. Notarized declaration Form B- mentioning possession date. 6. In view of the above, the issue of the extension under Section 7(3) of the said Act as sought by the Promoter without 2/3rd consents of the Allottees needs to be examined in light of the above-mentioned fact. The Authority would like to bring on record the statements of objects and reasons of the said 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.” On perusal of the above it is clear that the whole aim of the said Act has been 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 said 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 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 such condition so as 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 said Project is not interrupted. Thus, the Authority grants the extension to the registration of the said Project from 31.12.2023 to 31.12.2026. Needless to say, this extension will be without prejudice to the rights of the Allottees under the said Act. In view thereof, this Authority allows the said extension application keeping the rights of the Allottees intact with certain directions hereinbelow. FINAL ORDER The said extension application is allowed and the extension for the said Project is granted from 31.12.2023 to 31.12.2026. with the following conditions: Page 4 of 5 A. The Promoter shall complete the construction work and obtain OC for the said Project. Needless to say, the Allottees of the said Project shall co-operate with the Promoter. That the rights of the Allottees under the said 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 said Project. The same shall also be shared with the Allottees of the said 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 said 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 said Project registration webpage from time to time. E. Further, as observed in para no. 5 (d) the Promoter is directed to comply with the same by filing all documents within 30 days from the date of this order. In the event of non-compliance of the documents mentioned in para no. 5 (d) hereinabove this order shall stand revoked. AJOY Digitally signed by AJOY MEHTA MEHTA Date: 2024.09.16 17:37:56 +05'30' (Ajoy Mehta) Chairperson, MahaRERA Page 5 of 5