Maharashtra: RERA dismisses slum-dwellers’ plea for revoking society projects
Mumbai: The Maharashtra Real Estate Regulatory Authority (MahaRERA) dismissed a complaint filed by a member of slum dwellers society regarding revoking project for alleged illegalities by the developer in a rehabilitation scheme. The RERA bench dismissed the complaint stating the complainant had grievances about the developer who obtained permissions from Slum Rehabilitation Authority (SRA).
The complainant, is the member of the slum dwellers society and was represented by Advocate Mahesh Kadam during the hearing. The complainant sought the direction from the authority to revoke the project registered with MahaRERA by the developer.
The complainant alleged that the developer had done several illegalities while implementing the SRA scheme under regulation 33 (10) of Development Control Regulation (DCR)- 1991. The Samrat SRA Co-operative Housing Society was formed by the occupants living in several plots in Kole village in Kalyan and near Vakola Bridge in Santacruz (east). “The society appointed a developer called Skylink Hospitality to implement their scheme under SRA. However, the developer began making changes in the location of the society by amalgamating a plot with the adjoining plot,” said Kadam.
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Hence, the complainant filed an application under section 13 (2) of Maharashtra Slum Areas (I, C and R) act of 1971 to terminate the appointment of the developer before SRA which has been left pending.
The advocate of the developer, Chirag Kamdar appeared during the hearing. Kamdar stated that the developer had every rights to amalgamate the adjoining plots with the consent of the society under the conditions of development agreement signed with them. The developer has also given an undertaking to take consent of the society before obtaining revised permissions for amalgamation of the scheme from SRA. Kamdar also stated that there were no valid grounds for cancelling the registration issued by MahaRERA and said it was not a proper forum to challenge the various permission granted by SRA. The RERA authority stated that the grievances made by the complainants are related to permissions obtained by the developer from SRA. “This is not an appropriate forum to challenge the said permissions and the complainant is required to take action as per provisions of Maharashtra Slum Areas (I, C and R) act of 1971,” stated the order. The bench also stated that the complainant had not submitted any documentary proof to prove that the developer had obtained the MahaRERA registration certificate by fraud and as on date the developer is not the promoter on record of SRA.