Bombay HC dismissed the plea of builders against constitutional validity of RERA

Recently, Bombay High Court reviewed the project completion rules under Maharashtra Real Estate Regulation and Development Act (MahaRERA). A remark has been passed while dissolving builder’s plea against the constitutional validity of RERA that MahaRERA Rules need to be changed.

The remark was made with reference to Section 6(a) of the Maharashtra Rules 2017 that refers to grant or rejection of registration of the project.

As per the current rules, it allows a builder to exclude the time consumed due to the court case or such mitigating circumstances from construction timeline. It clarifies that builders will not be able to cite the excuse of some pending cases for non-compliance with the committed project delivery deadline.

The Court relegated builders’ petitions, against the constitutional validity of RERA. RERA authority is allowed to grant an extension of time for project completion to developers in exceptional circumstances on a case-by-case basis.

Source: Economic Times

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