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TMI Blog2025 (1) TMI 994X X X X Extracts X X X X X X X X Extracts X X X X ..... ces by establishing accountability mechanisms for developers, minimizing fraud, and reducing delays. Section 3 of the RERA Act mandates prior registration of real estate projects with RERA, prohibiting any advertisement or sale without proper registration, thus reflecting the legislature's intent to curtail unscrupulous practices in the real estate sector. >The legal position is well settled that, under Article 226 of the Constitution, courts should not engage in speculative or roving inquiries. In A. Hamsaveni & Ors. v. State of Tamil Nadu, [1994 (8) TMI 322 - SUPREME COURT] the Supreme Court held that a petitioner must independently establish a prima facie case, and that court proceedings should not be used as a means to conduct speculative investigations. Similarly, in N.K. Singh v. Union of India [1994 (8) TMI 315 - SUPREME COURT] the Court emphasized that a speculative inquiry is neither warranted nor justified under judicial review, particularly when private rights are at issue. The principle was reiterated in Ratan Chandra Sammanta v. Union of India, [1993 (5) TMI 202 - SUPREME COURT] where it was held that a writ should only be issued when the petitioner has an establish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Resolution dated 20th September 2019 restricts the registration of projects that lack RERA certification or a completion certificate, reaffirming the intent to prohibit registration of projects developed without requisite approvals. These measures reflect a legislative and administrative commitment to protect public interest, and the petitioner argues that the respondents must implement them to prevent malpractices in the real estate sector. >3. The petitioner submits that the project by respondent No.5, allegedly registered on 15th October 2020 based on a forged commencement certificate, illustrate a larger issue of developers exploiting regulatory loopholes. The petitioner points to widespread unauthorized construction in approximately 27 villages within Kalyan and Ambarnath Talukas, suggesting that developers circumvent compliance requirements by creating forged documents. The petitioner argues that under Section 7 of the RERA Act, MahaRERA possesses the authority to revoke registrations obtained through fraudulent means, and thus a coordinated mechanism is essential to detect and deter such malpractice. The petitioner further requests this Court to issue guidelines for a f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the State of Maharashtra. >6. The affidavit indicates that the Government of Maharashtra, through its Urban Development Department, issued a Government Resolution dated 23rd February 2023 mandating all Municipal Corporations, Municipalities, and urban local bodies to complete the integration of their respective websites with the website of respondent No.2 (MahaRERA) by 31st March 2023. This integration is intended to create a unified platform for verifying the legitimacy of commencement certificates and occupation certificates, essential for protecting homebuyers under the provisions of the RERA Act. Furthermore, respondent No.2 issued a directive on 15th May 2023, effective from 19th June 2023, mandating that registration proposals under the RERA Act will only be processed after confirmation of the commencement certificate's authenticity. This process, authorized under Sections 34(b) and 35 of the RERA Act, empowers respondent No.2 to take action against fraudulent submissions, as evidenced by the revocation of registrations for four real estate projects based on forged commencement certificates. These measures reflect the regulatory framework designed to safeguard the int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he stringent enforcement mechanism available under the MMC Act and underscores the need for ongoing coordination among planning authorities to safeguard against unauthorized construction. >9. Mr. Bhujbal, learned counsel for the petitioner, argued that the current measures undertaken by the respondents are insufficient to address the petitioner's grievances adequately. He emphasized that a comprehensive verification process for commencement certificates, occupation certificates, and sanctioned plans must be implemented statewide. He submitted that the Enforcement Directorate has already taken cognizance of the matter, initiating proceedings against respondent No.5 under an ECIR (Enforcement Case Information Report), indicating a serious need for further regulatory scrutiny. He argued that it is essential for this Court to issue appropriate directions aligned with the prayers sought to uphold accountability of developers toward consumers. He stressed that Sections 31 and 35 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), empower RERA to act proactively in cases of fraud and delays in complaint resolutions, emphasising the need for a robust framework to preve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... slature's intent to curtail unscrupulous practices in the real estate sector. >12. Section 4 of the RERA Act requires the promoter to apply for registration in a prescribed manner, with accompanying documents as per subsection (2), which includes an authenticated copy of approvals and the commencement certificate from the competent authority {Section 4(2)(c)}. Additionally, the promoter must submit the sanctioned plan, layout plan, and project specifications {Section 4(2)(d)}. These requirements ensure that RERA is furnished with reliable and authenticated documentation. Section 7 further empowers RERA to revoke registration on grounds of default or violation of regulatory provisions. This framework aligns with the aim to safeguard consumer interests by holding developers accountable. It underlines the necessity for RERA to verify the authenticity of documents proactively, a measure that, in the context of this case, could prevent instances of forgery and fraudulent submissions. Respondent No.2's revocation of project registrations for four projects on the grounds of fraudulent commencement certificates demonstrates the application of these provisions in practice. >13. Chapte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust be uploaded promptly to reflect the latest status of each project. The affidavit highlights that the website of respondent No.2 has already been integrated with the Municipal Corporation of Greater Bombay's portal. Additionally, integration with other Municipal Corporations, Municipalities, and Urban Local Bodies across Maharashtra is said to be underway. Notably, Order No.45 of 2023, dated 15th May 2023, mandates that from 19th June 2023 onwards, project registration applications will only be processed after the submitted commencement certificates are verified for authenticity. However, this procedure applies exclusively to authorities that have completed integration with respondent No.2's website, reinforcing the policy of stringent verification and compliance before project registration. >16. Respondent No.1, in its affidavit-in-reply, has stated that integration of the Building Plan Management System (BPMS) of Maharashtra with MahaRERA's website is underway. Currently, 454 local bodies have begun displaying details related to commencement and occupation certificates on the BPMS website, allowing respondent No.2 to access and verify the authenticity of these documents aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought in prayer clause (b) appears to seek a broad, speculative inquiry into the integrity of all real estate project registrations across the State. Established legal principles dictate that a petitioner must present prima facie evidence substantiating claims of forgery or fraud specific to identified projects. The Supreme Court has consistently held that courts should refrain from ordering generalized inquiries lacking substantive factual basis, as they fall outside the scope of judicial review. To mandate such re-scrutiny in the absence of concrete, specific instances of alleged forgery would not only overreach judicial authority but also risk encumbering regulatory bodies with speculative investigations that lack substantive grounding. Consequently, the petitioner must provide factual material related to specific projects to substantiate such claims and avoid a sweeping and unsubstantiated mandate for statewide re-scrutiny. >20. The legal position is well settled that, under Article 226 of the Constitution, courts should not engage in speculative or roving inquiries. In A. Hamsaveni & Ors. v. State of Tamil Nadu, (1994) 6 SCC 51 the Supreme Court held that a petitioner must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity of project documentation. >(2) All Municipal Corporations, Municipalities, and Urban Local Authorities in the State of Maharashtra shall link their respective websites with the MahaRERA portal within three months from the date of this judgment. Such integration is imperative for establishing a streamlined process for verifying the authenticity of certificates submitted in real estate registrations, as envisaged under Section 4 of the RERA Act. >(3) Until full integration is achieved, all Municipal Corporations, Municipalities, and Urban Local Authorities must ensure that commencement and occupation certificates are uploaded on their respective websites within 48 hours of issuance, to maintain interim transparency and public access. >(4) Effective from 19th June 2023, respondent No.2 (MahaRERA) shall verify the authenticity of all commencement certificates submitted by promoters during project registration. Only upon verification should registrations be granted, in compliance with Order No.45 of 2023, dated 15th May 2023. This verification process aligns with Sections 4 and 5 of the RERA Act, ensuring that only projects with genuine and verified documentation are regis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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