Mumbai Mirror ( 24 Jan )
carries following news :
Extract :
While hearing a
complaint against a Pune based builder for promoting a project that is
embroiled in a legal tussle, the Maharashtra Real Estate Regulatory Authority
(MahaRERA) has ruled that it is not enough for developers to mention legal
disputes pending before courts in their Legal Title Report, but the information should also
be clearly mentioned in the Litigation Details section on their registration
page on the agency’s online portal.
Advocate Nilesh Gala of Law Square, appearing for Kumar Builders, argued that the details pertaining to various litigations were mentioned in the Legal Title Report uploaded in the promoter’s MahaRERA registration, and therefore mentioning it in the Litigation section may not be necessary
Citing Section 4 (2) b
of the Real Estate (Regulation and Development) Act (RERA), Chatterjee said the
Act clearly mandated that
the promoter should disclose all litigations pertaining to the project being
registered with MahaRERA.
“They should also be
disclosed in the section meant for the same so
that people can easily access the information. Merely mentioning the same in the Legal Title Report will
not suffice.
Moreover, the number of
apartment which constitute 1/6th share and regarding which the Respondent is restrained from selling, alienating,
encumbering or creating any third party rights, should also clearly be
disclosed,” he said in the order.
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I have not read
Section 4 (2) b of RERA , but I hope it does cover all the aspects of “ DECLARATION / UNDERTAKING “ ( reproduced below for ready reference ) that
I had suggested in my blog / email :
SELFCERTIFICATION FOR BUILDERS ? [ 04 Nov 2015 ]
DECLARATION
/ UNDERTAKING :
" I declare that I have read
each and every notification / regulation , listed in respect of
items mentioned above
I further declare that I explicitly
agree to abide by these regulations
I am aware that Occupation
Certificate will not be granted if my completed project is found to be in
violation of any of these notifications / regulations
I will not allow any person / entity
to occupy any part of this premises , until and unless , Municipality issues to
me , the Occupation Certificate
If Municipality finds any violations
, I agree to rectify the same before applying for a fresh Occupation
Certificate
If Municipality is not in a position
to issue Occupation Certificate due to any
violations which simply cannot be
rectified , then I will demolish the said building / project / structure
on my own and before such demolition , refund with interest , payments
collected from the buyers
The
plot of land is free from any encumbrances / litigations
I am not in default of any loans
taken from any bank / individuals
I will not accept any payment in cash
, nor make cash payments
I absolve the Municipal Corporation
of any liability arising out of non-completion of my project
I agree that my Building Permit
Application and my Registration Application details , be made accessible to
public on your web site , along with full details of my past / current projects and full details of my
balance sheet / bank borrowings "
24 Jan
2018
www.hemenparekh.in / blogs
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