By Accommodation Times Bureau
In a landmark Order by MahaRERA on 21st Sept in the matter of Sejal Gandhi v. Jayant Mehta, Kamla Vihar CHS ( CC006000000000615), it was specifically mentioned in the order that all occupied building without Occupation Certificate need not register with Maha RERA Authority.
Complainant Sejal Gandhi had complained that the said project was registered with MahaRERA Authority although it has no OC from Mumbai Municipal Corporation. The respondent represented that since the building is not part of the project and is fully occupied hence it is not required to be registered under MahaRERA.
In the Order, Honble Authority mentioned that” Since, the building is not part of the project that is registered with MahaRERA, the matter is dismissed for want of jurisdiction”. The Order added “Further, since the said building is already occupied, it does not required to be registered with MahaRERA.
Hence all buildings which are not registered under MahaRERA are out of jurisdiction of MahaRERA. This paper have learnet that many builders and societies who have not got OC and fully occupied but have registered with MahaRERA are preparing to unregister and withdraw their application and asking refunds.
The RERA Act had made mandatory to all projects to register if they are between Commencement Certificate and Occupancy Certificate. Almost 20,000 buildings in Mumbai alone do not have Occupancy Certificate for want of FSI violations and other irregularities. These buildings were subject to RERA registration since they fall under the definition of Under Construction Buildings.
The Land mark Order is sigh of relief to thousands of such buildings.