NAGPUR: The Supreme Court expressed strong displeasure over the handling of a contentious case involving the registration of a real estate project under the Maharashtra Real Estate Regulatory Authority (MahaRera). The apex court has summoned Nagpur collector and tehsildar to appear before it on December 19, demanding a status update on actions following a warrant issued by MahaRera.
A division bench comprising justices JB Pardiwala and R Mahadevan underscored the hardships faced by buyers due to the unresolved dispute. At the heart of the matter is whether the developer, Nirmal Ujjwal Credit Cooperative Society Limited, must register the massive 17.4-acre Nirmal Nagari township under MahaRera before executing valid sale deeds.
The petitioner, Nirmal Nagari Condominium, a group of aggrieved residents, highlighted the difficulties stemming from the developer’s refusal to register the project.
This, they argued, impeded the registration of sale deeds, leaving buyers in limbo. Conversely, the respondents, including the Nagpur collector and tehsildar, insisted that MahaRera registration is mandatory to validate the deeds.
The court highlighted the plight of buyers, observing, “The current confusion significantly impacts the rights of the purchasers.” It emphasised the urgent need for a resolution to protect their interests.
In its Friday order, the bench criticised the lack of compliance with a previous directive to submit a payment plan and counter-affidavit. “If respondents fail to propose a viable solution within two weeks, the court will proceed to hear the matter on merits and issue appropriate orders,” the bench warned.
The residents, organised under Nirmal Nagari Condominium, have long alleged unethical practices and unauthorised construction by the builder. Despite filing complaints with the Nagpur Municipal Corporation (NMC) and assistant director of town planning department, little action was taken apart from issuing notices.
The MahaRera had previously imposed a hefty penalty of ₹6 crore on the builder for failing to register the township, comprising 944 dwellings, as mandated by the Real Estate (Regulation and Development) Act, 2016. It was first reported by TOI on January 18, 2019. NMC had also denied a completion certificate due to unauthorised construction, as reported earlier.
The builder had assured the Supreme Court of efforts to resolve the issue, committing to submit a viable resolution within two weeks. Meanwhile, the residents continue to demand justice and accountability for their grievances. The next hearing is scheduled for December 19, where the collector and tehsildar will be required to present their actions to resolve the ongoing impasse.
