BEFORE THE MAHARASHTRA
                            I{EAL ESTATE RECULATORY AU'|HORITY, MUMBAI

                              Virtual Hearing held through video conference as per
                                       MahaRERA Cilcular No.: 27 /2020

                                       REGULATORY CASE NO.73 OF 2023

             Sl IlilfE SANKET DEVELOPERS                                     APPLICANT (PROMOTER)

             \ .(,\S NACAR PHASE I                                                        I't<OIEC'f N,ANI]r

                          MAHARERA PROJECT REGISTRATION NO. P51600021855

                                                         ORDER
                                                   November 07, 2023
                            (Datc of uirtunl fuaring - 10.'10.2023, nttttter reseraed for ortler)

                              Coram: Shri. Ajoy Mehta, Chairperson, MahaRERA
                              Slrri Mahesh Pathak, Hon'ble Member-I, MahaRERA
                                 CA Irraresh l-odha lor the Appiicant (Trrcmoler)

         l       i lT   e Applicant herein had registelecl the proiect namellr "VIKAS NACAR
                l'lT;\SE 1" urrr.lcr section 5 trf tht Real Estate (Regulation ancl De'velopnrt'nt) Act,
                 l)li) {"said ,.\ct") oI lleal listate llegulalolv Ar.rthoritv ("REIiA") bearing
                \L\H:\RERA Registration No. P51600021855 (hereina{ter referred to as the
                " said Project").




                .'.r rpfrlicati(n1 u,as rnarle b1, tl-re Applicant (I'jromoter) for seeking deregistr.rtion
                 .f onh, two builcling out of 11 buileling registerecl under tht' said I'roject. In this

                regarcl the captioned ctrse u,as hearci by this Authori{." on 10.10.2023 u'herein the

                iolkrlvirg r'oznama was passed:
                ''Tl'tc Promoter informs tlnt tfur1 intend to deregister onlV 2 hlocks namely block A &
                b,otk I in tllc prlject consisting of total 17 blocks. The Promoter infornts tlmt the QPRs
                It,tttt' bcen updated. Thc Prontotcr informs that they hnae not been ablc to continue uitll
                llr pro.icct tlue to ceftain internal clisputes. Matter reseraed for order."

                 1   he Applicant (Plomoter) has statecl the following for seeking .leregistration
                (partlv) of Lhe two builcling out of 11 frorn the said P[ojcct:


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\   ^ll--t,
                                                                                                     \d
          .r. That the said Project consists of 11 buildings namely Block A, Block B, Block

             81, Block C, Block D, Block E, Block F, Block G, Block H, Block I ancl Block J.

          L, lhat the Applicant Promoter has filed this deregistration application for
             partial deregistration of the said Proiect only to the extent of deregistering 2
             builclings i.e. Block A & Block I. The saicl Project registration shall continue
             for the remaining 9 builclings.
          c. lhe Applicant Promoter seeks this partial deregistration due to dispute
             between landowners at the time of joint development agreement. Hence, a
             portion of la.nd is not available for development. The Applicant Promoter
             further states that the sanction is receiverl for entire plot.
          .1. Tl-re A;rplicant Promoter has upclated the QPRs (axupt Form 5) as directed by

             the Authoritv on 10.10.2023.
          e [t is observed that the Applicant Promoter had submitted an afficlavit at the
             time of deregistration application stating that the Block A & Block I in the said
             Prolect has zero allottees.



          I:urther, it is also observecl that office of MahaltERA on 02.06.2023 & 19.06.2023
          issued notices inviting objections for deregistration of the said Proiect wherein

          no such objections were received.



          I hus, frorn tl.re facts ancl the sutrrnissions       oi the Applicant (Prornoter) it is clear
          th.rt there are no bookir.rgs rnacle Block A & lllock I of tl.re saici I'roiect.


     6.   'lhus, the issue of trlrcthar the saitl Ptoiect registration cltn ba Lleregistcrt:d partialhl?


          lJefore tlre Authority clecides on the order on partial deregistration, the section

           Ir.rt provitles for gratrt oI registlatiorl lteeLls to Lre examitred. Sectiorr 5 oI the said

          l\ct is hereilbelow reproduced for ease of refence:
          "Section 5 - grant of registrution:
          ( l) On receipt of the apptication under suh-section (1) of section 4, the Authority shall

          iL'ithin a perictd of thirty dnys. (a) Srant registration subiect to thc prottisittns of tltis Act
            tttLl tha rules rrnd ragultrtions nutle tlrreunder, and prouidt a ragistratittn numbcr,
           ittcltrLling a Login ILI LttlLl pLlsszlotd to thc apflicant for accessing tfu uehsite of thc


                                                  Page 2 of 5

                                                                                                               )v
                                                                                                     W-
S^tL"r,
        /\1t tlnri tV Luld to crcnte his u,ah page and to
                                                            fll thercin the details of thc proposed projcct;
        ,t (b) rejec t thc appl ication ftn' rettsons to be recordcd in tlriting, if such a1rplication dLtes
         trr'tl cottforrn to thc prooisions of this Act or the rules or regulations made tlereunder:
         I)rouided tlut no application shall be rejected unless tlu applicant has been giuen nn
        , pporh.ut itt of haing fuarLl in the nuttter.
         t
                         1
          ')) tfu Autltorihl
                [                 fails Lo grant thc registration or rejcct the appli.ation, as tlu case
           tirttl bt, trs proaidcd undtr sult section (1), tfu project shall be tleenrctl to haoe been
         rtgistcrctl, and thc Authorittl slull toithin a pcriod of seuen tlays of tltc cxpiny of the said
        p,:t'iod of thit't11 days specified under sub-section (1), protide a registration nwnber and
        n Logitt Id and passtoord to tlu promoter for accessing the website of the Autlnrifi and
        to creatc ltis zoeh page and to fll therein tlte futails of the proposecl projcct.
        (3) 'flu rcgistration grantcd uncler this section slull he aalid
                                                                            for a pariod declared Ln1 the
        itrotnoter tmdcr sub-clausc (C) o.f ctause (1) oJ suh-section (2) 0f scction 4 for contpletion
         '' lltt ltvpjsr'l or pl utsL' tltt'ttof, as tlu: c.asc nmtl bt."


    6   Or perusal of section 5 it is clear that a project 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
        ilre Pronloter / Developer to start and complete a proiect n,herein premises as
        .iescribecl uncler tl-re said Act woulcl be hancled over to the Allottces. Thus, tl.re

        clitical ingreclient of section 5 is the intent of the property to complete as a
        project. A registration number has been provicled so as to ensure that from tl,e

        I.oirlt the pl'oiect starts narnelv on receipt of commencement certificate to the
        i,oirrt $.hen the plojcct corrclucles namely on receipt of occupation / completion
        , ,:r tificatiorr the project remains comprliant. fl-Lis is tlle intent oI IIERA ancl this

        intent is clearly brougl-rt about in the preamble of the saicl Act whicl.r is
        rcproclucecl hereinbelow:
        " An Act to cstablislt tfu lleal Estate Regulatory Authority
                                                                                 for rcgulation ancl promotion
        ,,'' thr rcttl $tLttr scctor ottll to enslu'e snle ofplot, apartment or building, tts the case mty
        ir,, tu- stlc of real cstate yaicct, in dn e.ffcient dnll transpnrent nonner anLl to protect the
         t lltrcst oi c()ttsLnltcrs in tht rtttl csht tc sector aflLl t., $toblish tn tljudicLrting mt'clunisnt

        li r spcadtl tlispute retiresstrl lnd also to establislt the Appc ate Tribunnl to lttar appeals
        front tltc tlec[sictns, tlirectiotts or orders of the Real Estate Regulatory Autlnrity antl the
        tt,ljudicnting offcer antl for nLatttrs connectetl thereuith or incidental thcrcto."

        (ln perusal of the pleamble, it is evident that the intent is to erEure the sale of
        l,lot, aparhnent, etc. in an efficient and transparent manner ancl to protect the
        irrterest of the consumers. The intent thus manclates the Authority to ensure that


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o,Jl4                                                                                                     \"
           the project remains compliant and the home buyers / allottees receive their

           I-rcrnises. Ilence the legislation is to ensure clelivery of the premises to the home
               .Lrvcrs / ;rllottees. Tltis is a berreficial legislation wher.e a tangible asset needs to

           nrove frorn the Promoter / Developer to the home buyer / allottee in a marurer
          as laicl out under the said Act. The legisiation is not for providing project
           rcgistration numbers which do not lead to home buyers / allottees receiving
           t.rrrlgiblc assets. The Authoritv neecls to make it clear here that a project
           ,   ,:rlistlatiLrn numlrer once givcn b a ploject, the proiect nlust thell p.rr oceecl and

           take;r coulse as elefined ir-r the said Act and finally tangible prernises get
          .leliverecl to the hon.re buyers / allottees. The grant of a project registration
          nur.nber is not a hypothetical exercise for complying with certain statistical

           }TLITPOSC.




           it can thus be concludecl that in tl-re event the Authoriiy fincis that a prorect
          registration number which has been grantecl to a project is not likely to be
          cornpleted the Author itv is bounci to take cogrizance of the sarne and take search
          ,r.tiolrs as mav be necessarl' to bring the project to a conclusion. As the Authority
          is rnaldatecl to exercise oversight once a project registration number is given till

          ihe clate it is successfullv cornpleted it is also for the Autholity to take a call when

          it becomes apparent tlrat the project is not likely to move fulther'.

      1(1. -l he abovc holds goocl in a circumstance where the Promoter is seeking
          rleregistration of the prorect registration in toto and not partially. The Authority
          is now facing a situation to cleregister two building from the saicl Project
          leUistration ar-rcl to keep tl-re saicl Project registration valill for the remining nine
          L,rLiiclir.rgs. l-he present case is that of partial cleregistratiorl pursuarrt to disputes

          bet\l,een the Promoter and the landowner. Thus, deregistration of part of a
          project registration cannot be made possible as there is no sucll thing to partially
          tleregister a part and keep the remaining part valid and subsisting. Hence the
          irsue at para No. 6 is answelcd in negative.




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\^lr.---r,                                                                                       w*)'
i\

     ll    lhus, i, orrler to protect the interest of the allottees of tl.re saicl Project the
           .,\uthority sl-rall at this stage refrain from passing any orcler. with regarcl
           clelegistration of the said Project in toto or partially. The promoter is however
           given liberty to approach the Authority upon the completion of the said project
          rr rrd   otrtaining occuptrtion / completion certificate from the cornpetent author.ify
          ()r at a stage where a verifiable demarcation can be made between the building

          srrugl.rt to bc completecl incluelirrg provisions of amenities if any.




                                                                                        Il--Ql,
          ilcsh Pathak)                                                                    hta)
     NIt rtr [rer-I, MahaIIERA                                       Chairperson,




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