BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.:27 /2020 REGULATORY CASE NO.59 OF 2023 VEDANT SPACES ... APPLTCANT (PROMOTER) ARV UTHVILLE PROJECT NAME MAHARERA PROIECT REGISTRATION NO. P52100030580 Order (Reaiew Application) April22,2024 (Date oJ ztirtual hearing -08.04.2024) Coram: Shri. Ajoy Mehta, Chairperson, MahaRERA Shri Mahesh Pathak, Hon'ble Member-I, MahaRERA Shri Ravindra Deshpande, Hon'ble Member-Il, MahaRERA CA Mahesh Gattani present for the Applicant (Promoter) 1 The Applicant herein had registered the project namely "ARV UTHVILLE" under section 5 of the Real Estate (Regulation and Development) Act, 2016 ("said Act") of Real Estate Regulatory Authority ('RERA") bearing MAHARERA Registration No. P52100030680 (hereinafter referred to as the "said Project"). 2 An application was made by the Applicant (Promoter) for seeking deregistration of the saicl Project. In this regard the captioned case was heard on 10.10.2023 anc'l the matter was reserved for order. Further vide order dated 02-11.2023 (hereinafter referred to as the "said final order") the said de-registration application was rejected, the operative part of the said final order is re-produced herewith for reference: "9. lt cnn thus be corrcludetl tlmt irr the e'oent tlrc Autlnrity finds that a proiect registration nwnber wltich has been granted to a project is not likely to be completed tlrc Authority is bound to take cognizance of the same ancl take searclt actions as rnay be ecessary to bring the project to a conclrrsiotr. As tle Authotity is mar nted to exercise oz'ersight ouce a project registration rrumber is gitten till tlrc dste it is successfully e€El ^t \a'1. Page 1of 3 q? rLll completed it is also for the Autlnrity to take a call uhefi it becomes apparent tlut tle project is not likely to mo-cte furtlrcr. 10. The abooe holds good in a circumstance uihere the Promoter is seeking deregistratiott of the project registration in toto and not partially. The Autlnritrl is ttou facing a situatiott to deregister a building ftotn the snid Project registration ond to keep tlrc said Project registration z,alitl for tlrc rentining tfuee buildirrgs. The present case is that of partial deregistratiotr pursuant to clmnge itt platrs. The Autlrotity Ins rto reasott ttot n mandnte to delae into why the intent to clwtge tlrc plans had arisert. But tle Authority has lnweaer to ensure that while there is a change it plan to lmndozter a building No. A4 to MHADA tlrc remaining building still remains in the said Proiect. Tlus, tleregistratiort of part of a project registration cantot be made possible as there is no such thing to partinlly deregister a part and keep the rentaining part oalid and subsistittg. Hence tlrc issue at para No. 6 is answered in negntiz,e. Furtlrcr the details of uumber of bookittgs / allottees in tlrc said Project are also ttot cleor. 11. Tltus, in order to protect the interest of tlrc nllottees of the said Project tlrc Autltority slull at this stnge refrait from passirtg any order with regard deregistration of tlrc said Project in toto or partially. The Promoter is loweaer giuen liberty to approach tlrc Authority uport tlrc completion of the said Project and obtainitrg otcupatiott /contpletiorr certifcate f'orn tlrc competenL authority or ttt d stage wlrcre a terifable detnarcation cart be made befueen tlrc building sought to be completed including prooisiotts of arnenities if any." J The Applicant (Promoter) subsequent to the said {inal order made a review application dated 16.11.2023 seeking reliefs more particularly stated therein. Accordingly, the captioned case was heard on 08.04.2024 wherein the following Roznama was recorded: "Prontoter int'onns the Authoity tlnt tlrcy seek to witldraw tlrc rezrieztt application. ln oiew of the aboue, tle matter stands disposed as withdrawn". 4. It is observed during hearing and vide Roznama dated 08.M.2024 that the Applicant Promoter now seeks to withdraw the review application dated 76.7L.2023 sought for the said final order. "$r t .Art T t^JJ*r"Page 2 of 3 \" 5. In view of the above, the application for review of the said final order filed by the Applicant Promoter is rendered infructuous. Thus, the captioned matter stands disposed as withdrawn. 6. Thus, the Project registration number of the said Project shall remain valid and subsisting. 6\l (Rav a Deshpande) 5a.l(-q,t, (Mahesh Pathak) M=.AJ'-- (Aj Mehta) Member-Il, MahaRERA Member-I, MahaRERA Chairpersory MahaRERA Page 3 of 3 BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.: 27 / 2020 REGULATORY CASE NO. 59 OF 2023 VEDANT SPACES .. APPLTCANT (PROMOTER) ARV UTHVILLE ..PROJECT NAME MAHARERA PROIECT REGTSTRATTON NO. ps2100030680 ORDER November 02,2023 (Date of uirtualhearing - 10.10.2023, matter reseruedfor order) Coram: Shri. Ajoy Mehta, Chairperson, MahaRERA Shri Mahesh Pathak, Hon'ble Member-I, MahaRERA CA Mahesh Gattani for the Applicant (Promoter) 1, The Applicant herein had registered the project namely "ARV UTHVILLE" under section 5 of the Real Estate (Regulation and Development) Act, 2016 (" said Act") of Real Estate Regulatory Authority ('RERA") bearing MAHARERA Registration No. P52100030580 (hereinafter referred to as the " said Project"). 2. An application was made by the Applicant (Promoter)for seeking deregistration of only one building from the four registered under the said Project. In this regard the captioned case was heard by this Authority on 10.L0.2023 wherein the following r ozrtar.rra was passed : "The Promoter informs that there sre 4 buildings in the Project out of ruhich the fourth building namely A4 is a MHADA share and has to be handed ouer to MHADA. ln the A4 building, they hnae just started preliminary ruork. The other 3 buildings, sales haue been made and the Promoter confirms thnt here are allottees therein. The Promoter seeks deregistration only ruith respect to A4 building and the registration number shall be continued for the other 3 buildings. The Promoter informs that they hatte also filed an ffidaait to that extent. The Promoter confirms that the QPRs upto Quarter-1haoe been uploaded and they shall filed the QPRs for Quarter-2 in a fero days. Matter reserrted for order." ,\{ //N', (- Page 1 of 5 q$ a The Applicant (Promoter) has stated the following for seeking deregistration J. (partly) of the one building from the said Proiect: a.Thatthesaid,Projectconsistsof4buildingsnamelyAl,A2,AS&A4. b. That building No. A4 is to be handed over to MAHADA' deregistration application for c. That the Applicant Promoter has filed this to the extent of deregistering partial deregistration of the said Project only shall continue for the remaining building No.A4. The said Project registration 3 building Nos.A1, A2 & A3' deregistration due to change in d. The Applicant Promoter seeks this partial planningandfortheconveyanceofaccountmaintenancepurPoses. (except Form 2A) as directed e. The Applicant Promoter has updated the QPRs by the AuthoritY on 10'10'2023' an affidavit at the f. It is observed that the Applicant Promoter had submitted below facts: time of deregistration application stating the sUIinINc NO. TOTAL UNIT$ s@Oo{Eq- 56 49 A1 56 48+1 A2 44 20+1 A3 Not mentioned NONE A4 L19 TOTAL 1..56 has the building A4 in ttre said Project g. The APPlicant Promoter submits that zero allottees. there is a writ petition bearing No' h. Further Applicant Promoter submits that 110s2ot2008whichispendingbeforeHon,bleBombayHighCourt. are 104 bookings made in the said 4 Further, as per MahaRERA website, there in the said project. A search taken on the PropEquity aPP shows 137 bookings A4 building Project. The Promoter has submitted that there are no allottees in the that office of MahaRERA on of the said Project. Further, it is also observed {or deregistration of the said Project 1g.O6.2023issued notices inviting obiections wherein no such objections were received' $* "9 ilt-\r, \t. U Page 2 of 5 of the Applicant (Promoter) it is clear 5. Thus, from the facts and the submissions However it is unclear as to how that there are bookings made in the said Project' pertain to the building many total bookings are made of which how many needs to be handed over No.A4. As per the Promoter the building No. A4 now for accounting Purposes' to MHADA pursuant changes in the plans and can be deregistered partially? 6. Thus, the issue ol whether the said Proiect registration Before the Authority decides on the order on partial deregistration' the section 7. needs to be examined' Section 5 of the said that provides for grant of registration Act is hereinbelow reproduced for ease of refence: "section 5 - grant of registration: - (1) of section 4' the Authority shall (1,) On receipt of the application under sub-section subject to the prouisions of this Act uithin a period of thirty days. (a) grant registration and"proztide a registration number' and the *tr, ,ri'-rr{utrtioni *ia, tn irunder, accessing the ruebsite of the including a Login If and pnssroord ir- tn appliicant for ih' d'toilt of tht proposed project; Authority and to create his rpeb prg, onA to, fili ihe'ein in ruriting' if such application does or @) reject the application for re?s9r.ts to bi recorded made thereunder: not conform to th.e proaisions "ft-li: Act or the rules o' "gul'iions hns been girten an proaided that no"afipii;otun simll be rejected unless the applicant opportunity of beingheyd in the matter' application' as the case If the Autltority Taits to grant the regis*ation or.reject the Q) may be, as pro,idii undrr-sub-sectiotn'115, th, projeci shall be deemed to hatte been i'pu*a days of the expiry of the said registered, and the- iutiarity shall.u'iiin Tiseaen i (1i, proaide registration number and period of thirty days specified.under sub-section a Login ld and pnisroordio the pro*'oiu-7o, orrrtiig.th, toebsile of the Authority and the details of the proposed pro!e!" to create his rueb prg, -"a to fili therein by the shal[ be oalid' for a period declared (3) The registratioi granted unde-r .this section Qi of section 4 for completion promoter unde*ublrlour, (C) of clctus, tt1 2"U-section o7 'of may be'" the proiect or phase thereof, ns the case registration is granted pursuant 8 on perusal of section 5 it is clear that a proiect / Developer seeking a grant of registration' A grant for to the Promoter 5 is an acknowledgment of the intent of registration when sought under section as to start and complete a proiect wherein premises the Promoter / Developer be handed over to the All0ttees' Thus' the described under the said Act would of the property to complete as a critical ingredient of section 5 is the intent project.Aregistrationnumberhasbeenprovided.soastoensurethatfromthe '\{)'- Page 3 of 5 \(\ l- commencement certificate to the point the project starts namely on receipt of receipt of occupation / completion point when the project concludes namely on This is the intent of RERA and this certification the proiect remains compliant' the said Act which is intent is clearly brought about in the preamble of reproduced hereinbelow: regu-lation nndpromotion " An Act to establish the Real Estate Regulatory Authority foror building' as the case may of the real estate sector and to ensure sile of plot, apartment the and trrmsparent mafiner and to protect be, or sale of real estate project, in an efficiint and to estnblish an adjudicating mechanism interest of consumers in th'e renl estate sector hear appenls and nlso to establuh the Appellate Tribunal to for speedy dispute redressal , Authority and the the decisions, directions or orders iJ tt Re.al Estii Regulatory from thereruith or incidental thereto'" adjudicating officer and for matters coniected the intent is to ensure the sale of On perusal of the preamble, it is evident that manner and to protect the plot, apartment, etc. in an efficient and transparent the Authority to ensure that interest of the consumers. The intent thus mandates theprojectremainscompliantand.thehomebuyers/allotteesreceivetheir premises. Hence the legislation is to ensure delivery of the premises to the home to buyers / allottees. This is a beneficial legislation where a tangible asset needs home buyer / allottee in a manner move from the Promoter / Developer to the is not for providing project as laid out under the said Act. The legislation home buyers / allottees receiving registration numbers which do not lead to tangibleassets.TheAuthorityneedstomakeitclearherethataproject the proiect must then proceed and registration number once given to a proiect, and finally tangible premises get take a course as defined in the said Act The grant of a project registration delivered to the home buyers / allottees. complying with certain statistical number is not a hypothetical exercise for pulpose project g. It can thus be concruded that in the event the Authority finds that a registrationnumberwhichhasbeengrantedtoaprojectisnotlikelytobe cognizance of the same and take search completed the Authority is bound to take project to a conclusion' As the Authority actions as may be necessary to bring the ismandatedtoexerciseoversightonceaprojectregistrationnumberisgiventill Page+otr 5 Page4of n -''r*Y v1\ o$*>JA a call when is also for the Authority to take the date it is successfully completed it to move further' it becomes apparent that the project is not likely the Promoter is seeking 10 The above holds good in a circumstance where registration in toto and not partially' The Authority deregistration of the project from the said Project is now facing a situation to deregister a building valid for the remining three registration and to keep the said Project registration pursuant to change in buildings. The present case is that of partial deregistration mandate to delve into why the intent plans. The Authority has no reason noI a has however to ensure that to change the plans had arisen. But the Authority No' A4 to MHADA the while there is a change in plan to handover a building Thus' deregistration of part remaining building still remains in the said Project' there is no such thing to of a project registration cannot be made possible as part valid and subsisting' partially deregister a part and keep the remaining Hence the issue at para No. 6 is answered in negative' Further the details of are also not clear' number of bookings / allottees in the said Project of the said Proiect the 11. Thus, in order to protect the interest of the allottees any order with regard Authority shall at this stage refrain from passing The Promoter is however deregistration of the said Project in toto or partially' completion of the said Project given liberty to approach the Authority uPon the obtaining occuPa tion /completion certificate from the competent authority and be made between the building or at a stage where a verifiable demarcation can soughttobecompletedincludingprovisionsofamenitiesifany' 9lJhCrL V*t1=-!L (liof Mehta) (Mahesh Pathak) Chairperson, MahaRERA Member-I, MahaRERA Page 5 of 5