In a scathing 15-page judgment delivered on 28 November 2025, the Maharashtra Real Estate Appellate Tribunal has dismissed yet another appeal filed by Sanvo Resorts Pvt. Ltd. (developer of Marathon Nexzone, Panvel) and used unusually strong language to describe the root cause of the project’s eight-year delay: the promoter’s own “greed” to construct and sell extra floors beyond what was originally sanctioned.
The Case in Brief
Flat No. 2203 on the 22nd floor of Atlas-1 (Building S2 B-Wing) was booked in 2014 for ₹59.72 lakh. The registered Agreement for Sale executed in March 2016 promised possession by 31 December 2017. The buyers — Mr. & Mrs. Bharat More — have paid ₹47.61 lakh (over 80% of the cost) but are still waiting for possession. Frustrated, they filed a complaint before MahaRERA seeking delayed-possession interest under Section 18 of the RERA Act.
On 18 May 2021, MahaRERA ordered Marathon to pay interest from 1 October 2018 till the date of part Occupation Certificate, while granting the promoter the benefit of the COVID-19 moratorium period. Marathon challenged this order before the Appellate Tribunal.
Tribunal’s Damning Observation on “Greed”
The bench of Shri Shriram R. Jagtap (Judicial Member) and Shri Rajagopal Devara (Administrative Member) rejected every ground raised by the promoter and held (para 17):
“We are of the view that had the promoter adhered to the sanctioned plan/commencement certificate dated 20.10.2012 issued by the Collector Raigad [which allowed only 27 floors] the building would have been completed in time. However, because of greed of promoter to construct more floors above 27th floors resulted in submitting revised plans before several Authorities for approvals at belated stage.”
The Tribunal noted that the original sanction in 2012 was for 27 floors, but Marathon kept applying for 29–33 habitable floors, causing repeated delays in approvals from CIDCO-NAINA, AAI, NHAI and others — all self-created.
Delay in Approvals Is Normal, Not Force Majeure
Relying on the Supreme Court’s ruling in DLF Home Developers Ltd. vs Capital Greens Flat Buyers Association (2020), the Tribunal reiterated:
“A delay in the approval of building plans is a normal incident of a construction project… a developer… cannot set this up as a defence to a claim for compensation.”
The bench also cited Imperia Structures (2020) and Newtech Promoters (2021) to underline that the allottee’s right to interest under Section 18 is “unqualified and absolute” once possession is delayed, irrespective of the promoter’s excuses.
Eighth Straight Loss for Marathon Nexzone at Appellate Level
This is the eighth consecutive Marathon Nexzone appeal dismissed by the Tribunal in identical circumstances. Earlier dismissed appeals include those of Shreedhar Singh, Sushil Salvi, Shital Deshmukh, Neha Bagwe and others — all cited in the present order.
What It Means for 2,000+ Remaining Buyers
With this judgment, the legal position is now cast in stone:
- Marathon cannot plead force majeure for delays caused by its own decision to add extra floors.
- Every buyer who has not yet received possession or full interest is entitled to claim Section 18 interest from the due date (minus only the COVID moratorium period).
- Execution proceedings can now be filed confidently before MahaRERA for recovery.
Marathon Nexzone, once marketed as a premium township on the Mumbai-Pune highway, continues to remain partially occupied even eight years after the first promised possession dates.
Also Read: MahaRERA Orders Refund for Homebuyer in Godrej Greens Dispute: A Win Against Excessive Forfeiture
