In a landmark ruling that could significantly change how real estate disputes are heard in Maharashtra, the Bombay High Court has directed the Maharashtra Real Estate Regulatory Authority (MahaRERA) to resume physical hearingsand adopt a hybrid system — allowing parties to choose between appearing virtually or in person.
The order comes in response to a petition filed by Mayur L. Desai, a homebuyer, who challenged the procedural delays and lack of transparency in MahaRERA’s functioning, especially in the execution of non-compliance orders. The petitioner highlighted the Authority’s continued use of virtual-only hearings even after the pandemic, calling it restrictive and opaque.
📌 Key Takeaways from the Court’s Order:
✅ Hybrid Hearings Are Now Mandatory
The court noted that all courts and tribunals across India have shifted to hybrid hearings, and MahaRERA cannot be an exception. The infrastructure for physical hearings already exists, and there is no valid reason to continue with video-only hearings, said the Division Bench of Justice Revati Mohite Dere and Justice Dr. Neela Gokhale.
“Access to justice is a constitutional guarantee and cannot be reduced to a mere formality,” the judges observed. “Tribunals must be accessible in both form and substance.”
🧾 What Prompted the Order?
- The petition pointed out that execution proceedings against developers — where builders fail to comply with MahaRERA’s orders — were left pending for over a year.
- There is no system for urgent listing, physical mentioning, or direct communication with the Authority.
- Orders are uploaded without any time stamp or notification, leaving parties in the dark.
- Email communications and online filings often go unacknowledged, frustrating litigants.
The petitioner argued that such delays defeat the purpose of the Real Estate (Regulation and Development) Act (RERA), 2016, which aims for time-bound and transparent grievance redressal for homebuyers.
🧑⚖️ Supreme Court Precedent Cited
The High Court relied heavily on the Supreme Court’s 2023 judgment in Sarvesh Mathur v. Registrar General, which directed all courts and tribunals to adopt hybrid hearing models. The SC had clearly held that:
“Denying either physical or virtual access is a violation of procedural fairness and access to justice.”
📋 Court’s Directives to MahaRERA
MahaRERA has been ordered to implement the following measures within four weeks:
- Start hybrid hearings — parties can opt for physical or virtual mode.
- Revisit Circular No. 34A (dated April 8, 2025) to:
- Allow urgent mentions and listings
- Streamline execution of non-compliance orders
- Fix dates for pronouncement of orders
- Maintain a register of urgent applications (praecipes) with status updates.
- Upload orders with time-stamps indicating when they were passed.
- Assign fixed hearing dates and inform parties in case of adjournment.
- Update website with bench calendars, contact info, and cause-lists in a transparent manner.
The matter is scheduled to be listed again on September 4, 2025, for compliance monitoring.
🚫 No Stay on the Judgment
MahaRERA’s request to stay the order was rejected by the High Court, making the directives immediately binding.
🧠 Why This Matters
This ruling is a major win for homebuyers and consumer activists, many of whom have long complained about MahaRERA’s procedural opacity and delays. It reinforces the idea that regulatory bodies must evolve with the times and remain accessible — both physically and digitally.
For thousands of ongoing cases — especially those stuck in execution stages — the shift to a hybrid model could mean faster, fairer resolution.
Quote:
“Change is the law of life. And those who look only to the past or present are certain to miss the future.”
— John F. Kennedy (cited in the judgment)
Also Read: MahaRERA action against 370 projects for not printing MahaRERA number and QR code
