State challenges petition against RERA's circular

Mumbai: The state government on Monday sought dismissal of a petition challenging a circular by Maharashtra Real Estate Regulatory Authority (RERA) which made owners of land and co-promoters of the project register with RERA if they sign any development agreement with builders.

The state contended that owners of the plot are covered under the definition of a promoter in the RERA act. The petitioners have claimed that they are not covered under RERA and the state authority does not have the power to compel them to register under this law. Since the state’s reply was oral, the court directed it to file its reply in an affidavit within three weeks.

Since July 31, was the last date to register ongoing projects under the new act, the division bench of Justice Anoop Motha and Justice Anuja Prabhudessai on Monday granted time to the state to file a reply. The high court also granted liberty to the petitioners to register under RERA without prejudice to their rights and till court comes out with a final decision.

The bench was hearing a petition filed by seven owners of land in Malad, which requested the court to direct the government to withdraw or cancel the order dated May 11, 2017.

The petitioners’ lawyers Girish Godbole and Vishwajeet Kapase contended that the Maharashtra Real Estate Regulatory Authority does not have jurisdiction to pass such
order.