HomeDaily NewsMumbai Mirror: MahaRERA rejects plaint citing plot’s agri status.

Mumbai Mirror: MahaRERA rejects plaint citing plot’s agri status.

Complainant says builder continues to advertise the projects in Valvan even though it is yet to be registered with real estate regulator

Maharashtra Real Estate Regulatory Authority (MahaRERA) has rejected a complaint filed by a home buyer against a bungalow project in Lonavla’s Valvan area, which is yet to be registered with the real estate regulator, on the grounds that the builder is yet to convert the plot’s classification into Non-Agricultural (NA) land.

The complainant, Mohammed Zain Khan, said the builders continue to advertise the projects – Valvan Valley and Lion’s Valley – even as it is yet to be registered with the real estate regulator. However, the project’s promoters have claimed that they had sold the complainant agricultural land and had never promised to change the land’s classification.
“In the present case, the subject plots are agricultural land and till date there are no permissions granted by Competent Authority for development of the land by way of NA order or otherwise. Therefore, MahaRERA is of the view that it is not a (real estate) project as defined under Section 2 (zn) and hence cannot be registered under section 3 of RERA,” the order issued by a bench of MahaRERA chairman Gautam Chatterjee and Vijay Satbir Singh, member, MahaRERA, on September 5.

The MahaRERA order also pointed out that under section 4 of RERA, there are mandatory requirements prescribed for registration such as layout plans, sanctioned plan, commencement certificate, specifications of the proposed projects sanctioned by the competent authority and unless these mandatory requirements are fulfilled by the promoter, MahaRERA cannot entertain a registration application from the promoter.

The order said no such permissions have been granted to this land for development and the mandatory requirements under Section 4 have also not been fulfilled and hence MahaRERA cannot register the project.

Khan had filed a writ petition in the Bombay High Court earlier this year against MahaRERA for not acting on his complaint against the promoters of the project. The real estate regulator then promised to make necessary changes to bring the project under its ambit.

Khan had booked a 22,000 sq ft bungalow plot in 2012 and paid Rs 12.5 lakh of the total Rs 55 lakh of the project. While the land was reserved for agricultural use even then, the builders had promised to secure permission to the land under NA soon.

Yusuf Baig and Farhan Khan, two of the three promoters of Valvan Valley and Lion’s Valley projects, contended that they had sold agricultural plots to Khan and had never promised to obtain NA permissions for the land. They said they are yet to even apply for such permission from the state.