Giving full stop to the discussion
on whether Real Estate Regulatory Authority (RERA) will act or not on the illegal projects that do not register
themselves with it, the Maharashtra RERA has categorically given indications
that it will not act against the illegal projects that do not register with it.In
an official reply to this writer RERA has said that the complaint should be
filed with the registration number given to that specific project. The big
question is, then why the projects that have violated all the rules and
regulation and cheated people will get registered with RERA and invite
unnecessary trouble for themselves? .
This writer had filed complaint
with RERA to take suo motu action against a plotting scheme named Rose city by
Temple Rose Real Estate Private Limited ( TRREPL) in Pingori village of Purandar taluka of Pune district.TRREPL sold around 5,294 plots on the claim that there
were 'proposed Non Agriculture (NA)' plots. It has also uploaded the names of
the plot purchasers on its website, however there is no sale deed registered
with the Department of Registration. Pingori village in Purandar taluka of Pune
district is surrounded by hillocks from three sides. Almost 80% of the land is
a hilly terrain and hence cannot developed into a township, or for
residential/industrial purposes.No permission of township or Non agriculture has
been obtained or applied for.
Moreover the land never belonged
to TRREPL . It erlier belonged to its sister concern Temple Rose Live Stock Farming Private Limited
( TRLSFPL). However TRLSFPL has also sold that land to somebody else. That
means (TRREPL) doesnt have any land to develop. So question of obtaining
permission from any authority for it’s project or registering with RERA doesn’t
arise at all. Even then it is still advertising the said project . It has also
launched several other such illegal projects in Maharashtra. The list was such
projects was also supplied with the complaint.
As per The Real Estate act 2016 no promoter is allowed to advertise, market,
book, sell or offer for sale, or invite persons to purchase in any manner any
plot, apartment or building, as the case may be, in any real estate project or
part of it, in any planning area, without registering the real estate project
with the RERA. However projects that are ongoing on the date of commencement of
the Real Estate Act and for which the completion certificate has not been
issued, 90 days period has been given to
register those with RERA. But what about the projects that are totally illegal and can not be registered with any authority including RERA
and still are advertising or selling the
plots or flats ?. When RERA is not going to act against such projects on
complaint or suo mottu then who will act against them ?
Actually as per the Real Estate
Act, the RERA on a complaint or suo motu, relating to this Act or the rules of
regulations made there under, it may, by order in writing and recording reasons
therefor call upon any promoter or allottee or real estate agent, as the case
may be, at any time to furnish in writing such information or explanation
relating to its affairs as the Authority may require and appoint one or more
persons to make an inquiry in relation to the affairs of any promoter or
allottee or the real estate agent, as the case may be. But when RERA says that
it will take action on the projects registered with it only then why the
promoters of illegal projects will bother to register their projects?
The reply given to this writers
complaint is reproduced here as it is
We are in receipt of your
complaint sent through email dated 05th May 2017. The said complaint is against
Temple Estate Pvt. Ltd. for unauthorized construction carried out by the said
developer.
In this regards, this is to
inform you that the promoter of the Real Estate Project has to register the
upcoming or ongoing project/s for which occupation certificate is not issued
with Maha-RERA within a period of 90 days from the date of establishment of
Real Estate Regulatory Authority under the provisions of Real Estate
(Regulation & Redevelopment) Act, 2016. After 90 days you can file online
complaint by obtaining Registration number of project from Maha-RERA website
It appears reply is copy paste
one, because complaint was not against the unauthorized construction it was
about authorized plotting scheme.In complaint itself all the facts about why
TRREPL will not register with were mentioned . Then what was the point in
saying that after obtaining Registration number of the project with RERA only
you can file complaint ?
Actually the real estate act was
brought to ensuring Transparency & Efficiency in real estate sector in
regards to sale of plot, apartment, building or real estate project and to
protect the interest of consumers in real estate sector. However the way RERA
has replied to this writers complaint there is no hope that largely unregulated
business of illegal construction will stop and buyers will get sigh of relief.
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