12 Jan 2024

The Bombay High Court has emphasised that an Occupancy Certificate (OC) cannot be granted to individual flats but is intended for the entire building. The court has temporarily halted an OC issued by the Brihanmumbai Municipal Corporation (BMC) for two flats in Quettawalla Residency, Agripada. The decision underscores the legal distinction between certifications for individual units and those applicable to the overall building structure. The ruling aims to maintain regulatory compliance and uphold the intended purpose of OCs, ensuring that certifications accurately reflect the safety and adherence to building regulations for the entire premises.Read more

11 Jan 2024

Saffron Co-operative Housing Society, a developer based in Mumbai, filed a petition to ease aviation height restrictions, but the Bombay High Court rejected it, citing the indisputable nature of aviation safety regulations. In response to a petition submitted by a society member, the Brihanmumbai Municipal Corporation (BMC) withheld the occupancy certificate owing to non-compliance. Justices Gautam Patel and Kamal Khata delivered the court's verdict. The ruling mandates the developer and the housing society to reduce the building's height by 11.06 meters within six months to align with aviation safety requirements and other planning regulations.Read more

10 Jan 2024

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint against Macrotech Developers (Lodha) for allegedly initiating construction on open space without obtaining the required consent from two-thirds of homebuyers. MahaRERA clarified its jurisdiction, stating that it does not oversee construction beyond the boundaries of a registered project. MahaRERA emphasized that its mandate is limited to monitoring construction within registered project boundaries and highlighted the complainant's failure to provide evidence of a violation of RERA provisions.Read more

10 Jan 2024

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has issued a directive mandating housing developers to strictly adhere to selling units based on carpet area, in accordance with the Real Estate (Regulation and Development) Act, 2016. The UP RERA emphasized that selling based on 'super area' is illegal and against RERA provisions. The authority also issued an advisory on payment modules, prohibiting advances exceeding 10% before the sale agreement is executed. These measures aim to enhance transparency, ethical practices, and consumer trust in the real estate sector.Read more

10 Jan 2024

Residents of Bharat Nagar and Maharashtra Nagar in Bandra East have filed complaints alleging forgery and fraud in a redevelopment deal involving HDIL. They claim HDIL forged documents in 2006 to take over the slum's redevelopment rights, including creating fake sale deeds and affidavits. The complainants allege they were given temporary housing by HDIL from 2006 to 2011 but were denied rent from 2012. During a 2018 hearing, it was discovered that their documents were falsified, transferring ownership to others. FIRs were filed against HDIL's promoter and others citing criminal charges. The police are investigating to uncover the truth behind these serious allegations in the slum redevelopment scheme.Read more

09 Jan 2024

The Bombay High Court has directed the Maharashtra Housing and Area Development Authority (MHADA) to proceed with the self-development proposal for 500 dilapidated buildings in Kannamwar Nagar without requiring a No Objection Certificate (NOC) from the original developer. The court's decision provides relief to residents who have waited for 18 years for the redevelopment of their buildings. The Kannamwar Nagar Nagarpalika Bhadekaru Co-operative Housing Society must submit an affidavit-cum-indemnity to MHADA and ratify its April 8, 2021, resolution for self-redevelopment to fulfill the court's conditions.Read more

08 Jan 2024

The Mumbai Metro Rail Corporation Limited (MMRCL) has taken a proactive step to protect water pipelines by designating a 50-meter radius around the Metro 3 project as an 'influence zone.' This measure aims to prevent potential damage to pipelines caused by unauthorized development and digging activities. Property owners, societies, and entities within this zone must obtain prior approval from MMRCL before initiating certain activities. This move follows incidents of unauthorized digging causing water pipeline leaks. MMRCL's proactive approach underscores a commitment to infrastructure protection and sustainable urban development in Mumbai.Read more

08 Jan 2024

The Bombay High Court has criticized the Maharashtra Housing and Development Authority (MHADA) for hastily declaring several properties in Tardeo as dangerous without proper due process. The court's bench expressed disapproval of MHADA's reliance on visual inspections and emphasized that structurally sound buildings should not be prematurely deemed unsafe. The property owners filed petitions challenging MHADA's classification and proposed redevelopment under Section 79A of the MHADA Act. The court directed MHADA to inform all concerned parties about the structural conditions, allowing owners an opportunity to present their case. This highlights the importance of proper legal procedures in such matters.Read more

05 Jan 2024

In a recent ruling, the National Consumer Disputes Redressal Commission (NCDRC) has shifted responsibility to landowners, often joint venture partners, for compensating homebuyers in cases of project delays. This ruling is expected to enhance the prospects of recovery and compensation for homebuyers, particularly in situations where developers are absent or insolvent. The NCDRC's order mandates landowners to complete construction within three months, obtain occupancy certificates, and pay 6 percent annual delayed interest from the possession date. The decision departs from the norm, establishing joint development partners' responsibility for project delays, providing homebuyers with additional avenues for recovery.Read more

05 Jan 2024

The Goa government, led by Chief Minister Pramod Sawant, has unveiled significant policy amendments aimed at fostering industrial growth and attracting investments. The key initiatives include the introduction of a single-window clearance system for land allotment and construction, simplified auction routes for commercial plots, and the granting of industry status to logistics warehouses and IT companies. Additionally, the government plans to liberalize transfer and sublease processes, offer incentives for women entrepreneurs, intellectual property holders, and start-ups, and organize the Invest Goa 2024 Summit on January 29. These reforms aim to simplify processes and create a more attractive environment for businesses in the state.Read more