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The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued an order asserting that it is not within the mandate of RERA to oversee construction activities beyond the registered project boundaries. This declaration came in response to a complaint filed against Macrotech Developers, popularly known as Lodha, for their New Cuffe Parade project in Mumbai's Wadala area. The complainant alleged that Macrotech initiated construction on open space without obtaining the requisite consent from two-thirds of the homebuyers, seeking MahaRERA's intervention to halt the construction due to potential view obstruction and property devaluation.
The specific issue was based on Section 14(2) of the RERA Act, which states that significant changes, such as alterations in the building plan or common area, cannot proceed without prior written consent from two-thirds of the allottees. The complainant, who purchased a flat in the Lodha Dioro building, claimed that the developers proceeded with construction on open space without obtaining the necessary consent, potentially impacting the promised amenities and common areas outlined in the original agreement.
In response, the developers argued that they secured a separate RERA registration for the new construction and were proceeding with all requisite permissions and approvals. They asserted that the agreement explicitly outlined the phased construction process and highlighted that Section 14 of the RERA Act did not impose a statutory obligation on the developer to seek consent from two-thirds of the allottees for ongoing construction.
MahaRERA, in its order, clarified that its jurisdiction is limited to monitoring construction within the boundaries of a registered project, and Section 14(2) does not mandate approval from two-thirds of allottees for construction extending beyond the initially demarcated area. The order emphasized that the complainant failed to provide evidence demonstrating a violation of RERA provisions and highlighted the distinction between the responsibilities of local planning authorities and RERA. The chairman of MahaRERA, Ajoy Mehta, emphasized that RERA cannot enforce development control regulations and suggested addressing alleged building regulation violations through the local planning authority.
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