BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.: 27/2020 REGULATORY CASE NO. 96 OF 2023 PROMOTER NAME ADHYA PROPERTIES PROJECT NAME ADHYA RADHA KRISHNA MAHARERA PROJECT REGISTRATION NO. P52100001891 ORDER (Extension application) November 22, 2023 (Date of hearing – 08.11.2023 matter reserved for order) Coram: Shri Ajoy Mehta, Chairperson, MahaRERA Advocate Amruta Salunkhe for the Promoter 1. ADHYA PROPERTIES 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 “ADHYA RADHA KRISHNA” under section 5 of the said Act bearing MAHARERA Registration No. P52100001891 (hereinafter referred to as the “said Project”). 2. The Promoter has filed an extension application No. EXT52100017684 on 04.10.2023 (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 08.11.2023 wherein the following roznama was recorded: “The Promoter states that they had applied for one registration number for 5 buildings namely Building A to Building E. They have completed building A & B in 2017 and handed over possession. Subsequently for Building C they obtained a separate registration number on 08.11.2021. Now, they are commencing construction on Building D & E and seek extension for completion of the same till 31.03.2024. In the first instance, the Authority would like to put on record that it does not appreciate a promoter taking two registration numbers for one project. The Promoter to move, Page 1 of 5 within 7 days of this order, to correct the anomaly with respect to registration of Building C. It is further noticed that compliance regarding declaration of commencement certificate has not yet been fulfilled. The advocate, however, during hearing points out that the same is now uploaded. Matter is reserved for order.” The Promoter brought to the notice of the Authority a typographical error in the roznama dated 08.11.2023 which was rectified by the Authority on 21.11.2023. Pursuant to the rectification the extension date for the captioned matter shall now read as 31.03.2027. The rectification roznama dated 21.11.2023 is reproduced hereunder for ease of reference: “1. The Applicant Promoter has brought to notice vide an email dated 15.11.2023, a rectification in the captioned regulatory case seeking to rectify a typographical error in the roznama dated 08.11.2023 (hereinafter referred to as “the said roznama”) wherein, the date till which the extension is sought mentioned at para No.1 is inadvertently mentioned as “31.03.2024” instead of “31.03.2027”. 2. In view of the above the typographical error is hereby rectified and date of extension sought in the said roznama shall now read as ‘31.03.2027’. 3. The remaining part of the said roznama shall remain the same and this rectification roznama to be read along with the said roznama.” 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. 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 respectively whereby the date of completion was extended up to 30.12.2022. The Promoter states that there are 5 buildings in the layout, out of the same, building A & B are completed and possession is handed over to the allottees. Further separate RERA number is obtained for building C and construction of building D & E are yet to commence. 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 31.12.2022 to 31.07.2027. Page 2 of 5 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: “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.: a. That the said Project had lapsed since 30.12.2022. b. The Promoter states that there are 5 buildings in the layout, out of the same, building A & B are completed and possession is handed over to the allottees. c. Further separate RERA number is obtained for building C and construction of building D & E are yet to commence. d. That the compliance namely declaration on commencement certificate is not uploaded. 6. Moving further, 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 Page 3 of 5 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 shall be stalled. The Promoter shall not be able to take action 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. Thus, the Authority grants extension to the registration of the said Project from 31.12.2022 to 31.07.2027. 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 31.12.2022 to 31.07.2027 with the following conditions: A. The Promoter shall complete the balance construction work and obtain OC by 31.07.2027. 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 comply with the pending compliance as mentioned herein on or before 30.11.2023. C. The Promoter is directed to submit within 15 days of this order 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. Page 4 of 5 D. 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. E. That upon receipt of the OC the Promoter shall inform this Authority about the same and update all progress on the said Project registration webpage from time to time. AJOY Digitally signed by AJOY MEHTA MEHTA Date: 2023.11.22 17:45:51 +05'30' (Ajoy Mehta) Chairperson, MahaRERA Page 5 of 5