In a first order of its kind for unregistered projects, the Maharashtra Real Estate Appellate Tribunal (
) has restrained two developers from marketing, promoting and selling their projects in Lonavala.
Justice (retd) KU Chandiwal, who was presiding over MREAT, passed the injunction restraining promoters from marketing, promoting, or selling any plot in their project known as Valwan Valley and Lion’s Valley in Lonavala while hearing an appeal filed by home buyer Mohammed Zain Khan.
Khan had purchased a NA plot admeasuring 22,000 ft plot in Valvan Valley NA bungalow scheme amd was assured possession in December 2013 with various amenities. Later Khan learnt that the title of ht eproject was in litigation.
Accordingly, the promoters Yusuf Baig and farhan Khan promised him four smaller plots in their Lion’s valley project but failed to keep the promise.
Khan’s grievance is that the Valvan and Lion’s Valley promoters had failed to convert the land to non-agricultural use and to get the project registered with MahaRERA as mandated by Section 3 of RERA.
MahaRERA had on September 5 declined to entertain Khan’s complaint and ruled that the project cannot be registered as it does not have basic development permissions.
When the appeal was heard by Justice Chandiwal on December 20, Emnoy Properties and other respondents were not present in court.
Advocate Nilesh Gala, appearing for Khan, argued that the developers continue to market, promote, or sell plots in utter disregard for Section 3 of RERA and which was illegal. Justice Chandiwal restrained the promoters from marketing, promoting or selling any plots of their projects in Lonavala and scheduled a hearing on January 10.
On Thursday, MREAT’s Member, Judicial Sumant Kolhe heard the matter. The developer’s advocate sought more time to submit arguments.
The MREAT members then continued the injunction against marketing, promoting, or selling any plots against the developers and adjourned the matter for hearing on January 31.