Maharashtra Housing (Regulation and Development) Bill (RERA) , 2012 have almost cleared the desk and state government is very serious to pass in monsoon session of Vidhan Sabha. Last month, in an exclusive interview with Shri Gautam Chatterjee, Housing Seretary with Accommodation Times have extensively covered all the aspects of RERA where the criminal provisions of punishments were ruled out and inserted only when errant builders or developers do not obey orders by the authority. A simple penalty of amounts was imposed for misconduct.
A housing regulatory authority and a housing appellate tribunal are close to becoming reality with Cm Prithviraj Chavan clearing the desk for the Bill.
RERA will ensure that along with transparency, flat buyers can expect justice in case of a dispute. A developer could face up to three years imprisonment for failing to comply with the orders of the tribunal.
In a major amendment to the Maharashtra Housing (Regulation and Development) Bill, 2012, the 19-member joint select committee of the state legislature has recommended imprisonment as punishment along with Rs 10 lakh penalty.
Joint select committee of legislators’ suggested changes to the Bill with Compulsory open space in buildings must be maintained; it cannot be used for parking. No additional floors or wings can be added, no alterations to the flat can be made without the previous consent of the persons who have agreed to take the flats. Conveyance will be made to society only, and not to individual. The term ‘independent areas within a flat’ is to be dropped as it is already covered under carpet area and utility area. If an amenity such as a garden is promised then it cannot be altered without the consent of those who have agreed to purchase the flats. Promoter will have to pay a penalty along with refund of amount paid with interest for failure to give possession. Punishment For Non-Compliance Imprisonment of up to three years and a penalty of Rs 10 lakh
The Bill, along with the recommendations, will be reintroduced in the legislative assembly on Monday. Sachin Ahir, minister of statefor housing, said the government had made a sincere attempt to correct the system. “We have worked very hard to bring a housing regulatory authority. Since legislators from all partieswere membersof thejoint select committee, the Bill with the recommended changes should not face any opposition.”
The builders, after getting registered with RERA authority wil now have to comply with MOFA, DCR and RERA Act. The repetition of various provisions in these three main Acts will create more confusions, industry reacted.