BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.:27 /2020 REGULATORY CASE NO. 249 OF 2024 DREAM WORLD LANDMARKS LLP APPLTCANT (IROMOTER) GODREJ GREENS ...PROIECT NAME MAHARERA PROJECT REGISTRATION NO. Ps210000098s Order hl]Y.ZL2024 (Re c tif c ation Appli c a tion\ 1. The Applicant has filed a rectification application dated 09.07.2024 in the captioned complaint (hereinafter referred to as "the said rectification application") seeking to rectify a typographical error in the final order dated 28.06.2024 (hereinafter referred to as "the said final order") 2. It is observed that the Applicant, vide the said rectification application has sought rectification of following parts of the said final order: Paragraph Sr. Relevant portion of the said final no. in said Rectification sought No. order final ordet an application was made bv the an application was made by the Applicant (Promoter) for seeking 1 Para No.2 Applicant (Promoter) for seeking deregistration of a part of the said deregistration of the said Project Proiect i.e. building 87. That Applicant (Promoter) is not Para no That Applicant (Promoter) is not 2 continuinB with a part of this 3(b) continuing with this Project Prolect i.e. Building 87 Thus, from the submissions and Thus, from the submissions and Notarized declaration-cum- Notarized declaration-cum- undertaking datecl 20.09.2023 of undertaking dated 20.09.2023 of the Applicant (Promoter) it is clear the Applicant (Promoter) it is that there are zero Allottees in the clear that there are zero Allottees 3 Para No.4 said Proiect. Further, it is also in the building sought to be observed that office of MahaRERA deregistered in said Project. on 30.-11.2023 issued notices Further, it is also observed that inviting objections for office of MahaRERA on 30.11.2023 deregistration oI the said Proiect issued notices inviting objections Page 1 of 2 @'9* \)^rl,.-t *N)" for deregistration of the building sough to be deregistered in said Project and to keep the said Project and to keep the said Project 4 Para No.10 registration valid for the remining registration valid for the remining three buildings. six buildings. 3. In view of the above, the typographical enors/ errors apparent on record ate hereby rectified and the said rectification application is allowed. The remaining part of the said final order shall remain the same and this rectification order to be read along with the said final order. al,)W- -Q^tln-r/. (Ravindra Deshpande) (Mafiesh Pathak) ,kag,X*H Member-Il, MahaRERA Member-I, MahaRERA Chairperson, MahaRERA Page 2 of 2 BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conlerence as per MahaRERA Circular No.:27 /2020 REGULATORY CASE NO. 249 OF 2024 DREAM WORLD LANDMARKS LLP ... APPLTCANT (PROMOTER) GODREJ GREENS ...PROIECT NAME MAHARERA PROJECT REGTSTRATTON NO. p52100000985 Order June'28,2024 (Date of oirtual heaing -25.06.2024, matter reserued for order) Coram: Shri. Ajoy Mehta, Chairperson, MahaRERA Sfui Mahesh Pathak, Hon'ble Member-I, MahaRERA Sfui Ravindra Deshpande, Hon'ble Member-Il, MahaRERA Advocate Dr. Sanjay Chaturvedi present for the Applicant (Promoter) Nisha & Nikhil Talwar present as Objector No. 1 Praful KanJade present as Objector No. 2. 1 The Applicant herein had registered the project namely "GODREJ GREENS" under section 5 of the Real Estate (Regulation and Development) Act, 2016 ("said Act") of Real Estate Regulatory Authority ('RERA") bearing MAHARERA Registration No. P52100000985 (hereinafter referred to as the "said Project"). 2 On20.09.20'23, an application was made by the Applicant (Promoter) for seeking deregistration of the said Project. In this regard the captioned case was heard on 25.06.2024 wherein the following roznama was recorded by this Authority in the captioned matter: " Promoter informs that thtre uere 7 totoers out of ahich 6 haoe been completetl. One was remaining to be constructed. Houteaer, they don' t intend to proceed zoith that further and hence seek deregistrntion. There are 9 people tLilto hatte taken objections out of tohich 2 hatte appeared. Mr. Taluar appears on behnlf of Nisha Talutar and states that since this is a deregistration of totoer other thnn the tozrter in which he is a resident, he zttould harte no objections. Shn Praful Kanfade appears, and he states thnt he has a griezsance regarding o*, ' (''" u tl S5',:* Page 1of5 \t\' his delayed possession. He is not able to explain hou his allotment is related to tfu building for uhich dcregisbation is being sought. Matter reseroed for orders." J The Applicant (Promoter) has stated the following for seeking deregistration of the said Project: a. That the Project consists of seven (7) buitdings namely BL,82,P,3,B4,P,5,86 &. 87 of which building 87 building is sought to be deregistered wherein no bookings have been made. b. That Applicant (Promoter) is not continuing with this Project due to prevailing market scenario, pandemic situation and other reasons work was not commenced for building/tower 87 and that no inventory has been sold. c. The Promoter has updated the QPRs. 4 Thus, from the submissions and Notarized declaration-cum- undertaking dated 20.09.2023 of the Applicant (Promoter) it is clear that there ate zero Allottees in the said Project. Further, it is also observed that office of MahaRERA on 30.11,.2023 issued notices inviting objections for deregistration of the said Project wherein nine (9) such objections were received from the allottees namely Firoz Hangad, Shantonu Ghosh, Arshad Dilawar Mulani, Praveen Srivastav, Dr. Soniya Walia, Nisha Talwar, Sagarkumar Girjabapu Dhobe, Jaymala Dhanajirao Jadhav and Prafun Kanfade. Further notice of hearing were issued to all the nine (9) objectors wherein two (2) objector namely Nisha & Nikhil Talwar and Pra-ful Kanfade were present. 5 It is observed and from the submissions it is clear that the nine (9) objectors have interest vested in the other building namely 81,82,E.3,84,B.5, 86 of the said Project and not in building 87 which the Applicant (Promoter) has sought to de- register. Further the Applicant (Promoter) submits that out of the total 868 allottees in the said Project of all the buildings,601 allottees have consented for correction in the said Project and that these consents to be consider for qe Pase 2 of 5 S;rd,- \t\.)" deregistration. Thus, it can be concluded that there are no objections or the objections raise have been settled. 6 Before the Authority decides on the order on deregistratiory the section that provides for grant of registration needs to be examined. Section 5 of the said Act is hereinbelow reproduced for ease of refence: "Section 5 - grant of registration: (1) On receipt of the application under sub-section (1) of section 4, the Authorifu shnll zoithin a period of thirty days. (a) grant registration subject ta the proaisions of this Act and the rules and regulntions made thtreunder, and prooidt a registration number, including a Login ld and passzrtord to the applicant for accessing tfu uebsitu of the Authoity arul to uente his roeb page and to fll thcrein the details of the proposed project; or @) reject the application for reasons to be recorded in u,rikn& if such application does not conform to the proztisions of this Act or the rules or regulations made thereunder: Prooided that no application shall be rejected unless the applicant has been giaen an opportunity of being heard in the matter . @ If the Authority fails to grant the registration or reject the application, as the case may be, as proaided under sub-section (1.), the project shall be deemed to haae been registered, and the Authoity shnll zuithin a period of seoen days of the expiry of the said peiod of thirty dnys specifed under sub-section (1), proaide a registration number and a Login ld and pass'()ord to the promoter for accessing tlw tuebsite of thc Authoity and to create his ueb page and to fll therein the details of the proposed project. (j) The registration granted uniler this section shall be aalid for a peiod declared by the promoter under sub-clause (C) of clause (1) of sub-section (2) of seckon 4 for completion of the project or phase thereof, as the case may be." 7 On perusal of section 5 it is clear that a proiect registration is granted pursuant to the Promoter / Developer seeking a grant of registration. A grant for registration when sought under section 5 is an acknowledgment of the intent of the Promoter / Developer to start and complete a project wherein premises as described under the said Act would be handed over to the Allottees. Thus, the critical ingredient of section 5 is the intent of the Promoter to complete the project as registered. A registration number has been provided so as to ensure that from the point the project starts namely on receipt of commencement certificate to the point when the project concludes namely on receipt of occupation / completion certification the project remains compliant. This is the intent of RERA and this w Page 3 of 5 \So-r(,t-,.r \ tk$, intent is clearly brought about in the preamble of the said Act which is reproduced hereinbelow: " An Act to establish the Real Estate Regulatory Authoity 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 eficient and transparent mnnner 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 Authoity and the adjudicating offcer and for matters connected thereuith or incidental thereto." 8 On perusal of the preamble, it is evident that the intent is to ensure the sale of plot, apartment, etc. in an efficient and transparent manner and to protect the interest of the coru;umers. The intent thus mandates the Authority to ensure that the project remains compliant and the home buyers / allottees receive their premises as promised. Hence the legislation is to ensure delivery of the premises to the home bryers / allottees. This is a beneficial legislation where a tangible asset needs to move from the Promoter / Developer to the home buyer / allottee in a manner as laid out under the said Act. The legislation is not for just providing project registration numbers which do not lead to home buyerc / allottees receiving tangible assets. The Authority needs to make it clear here that when a project registration number is once given to a project, the project must then proceed and take a course as defined in the said Act and finally a tangible premises should get delivered to the home buyers / allottees as was promised. The grant of a project registration number is not a hypothetical exercise for complying with some statistical documentation. 9 It can thus be concluded that in the event the Authority finds that a project registration number which has been granted to a project is not likely to be completed the Authority is bound to take cognizance of the same and take such actions as may be necessary to bring the project to a conclusion. The Authority is mandated to exercise oversight once a project registration number is given till the date it is successfully completed thus it is also for the Authority to take a call when it becomes apparent that the project is not likely to move further. ntr @ e\ h\ rrn{ Pase 4 of 5 >SaUt^--"-r" h 10. In the present case, the above shall hold good in a circumstance where the Promoter is seeking deregistration of the project registration in toto and not partially. The Authority is now facing a situation to deregister a building from the said Project registration and to keep the said Project registration valid for the remining three buildings. The present case is that of partial deregistration. The Authority has no reason nor a mandate to delve into why the intent had arisen. Thus, deregistration of part of a project registration cannot be made possible as there is no such thing to partially deregister a part and keep the remaining part valid and subsisting. Hence, the said deregistration application is rejected. 11,. Thus, in order to protect the interest of the allottees of the said Project the Authority shall at this stage refrain from passing any order with regard deregistration of the said Project in toto or partially. Further with regard the deletion of the building B-7 in said Project, the Applicant (Promoter) is directed to carry out necessary correction process and comply with the mandate prescribed by MahaRERA in this regard. The Director Registratiory MahaRERA to facilitate the correction process within a period of 60 days from the date of the correction application made by the Applicant (Promoter) in the said Project. a @"yND tS rJ. (Ravindra Deshpande) (Mahesh Pathak) ,"Fifll#h Member-Il, MahaRERA Member-I, MahaRERA Chairperson, MahaRERA Page 5 of 5