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Mumbai: Bombay High Court has wanted to know from the court Maharashtra Government if the State Housing Regulatory Authority Rare Can identify, categorize and evaluate private developers so that societies and other authorities can take an informed decision while selecting a builder.
A division bench of Justice Gautam Patel and Justice Neela Gokhale was hearing a plea on February 3, based on a plea filed by a person seeking payment of unpaid transit fare and against the stalled redevelopment of one. cess property known as ‘Ratilal Haveli‘ in South Mumbai.
The redevelopment of the building was stalled in 2013 after a private developer class corporation Ltd., which was involved in the project, went into liquidation. By then it had completed nine floors of the new building.
Maharashtra Housing and Area Development Authority (MHADA)’s counsel Prakash Lad had informed the high court on February 3 that it was in the process of appointing a structural consultant to submit the audit report of the semi-finished structure.
He further said that MHADA now has the power to redevelop a building.
The bench said that the dilemma before MHADA and the society is not just about structural audit and engineering technicalities but about making a proper and informed choice of a developer.
The bench wanted to know from the Maharashtra government whether there is any authority like Maharashtra Real Estate regulator Right (Maharera) identify, classify or rate the Developer according to any measure it deems fit.
“This will be for the benefit of the society concerned as well as MHADA, and will reduce the risk to a great extent in the completion of the project. With a developer database accessible, both the society and MHADA will be able to take a better and informed decision Developer’s choice,” the court said.
The bench sought to know from MahaRERA whether it has a database of developers and if the regulator has a rating system and if not, whether the authority is willing to consider developing one.
“We approach MahaRERA not only as a statutory authority, but as a body with specialized knowledge, expertise and data, seeking its assistance,” it added.
Taking suo motu cognizance of the matter, the court had said in January that it was a problem that occurs repeatedly across the city, especially with the redevelopment of cess buildings.
The bench had then noted that there is no effective provision in the law as to what to do when a developer cannot complete the construction leaving its members out of their homes and huge amounts of transit rent unpaid.
The building in question was demolished in 2009 and is to be redeveloped. It has now been linked to unpaid property tax by the BMC (Brihanmumbai Municipal Corporation).
The court fixed March 3 for further hearing of the matter.
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