Chronological Sequence of Events

Here’s exactly how the case unfolded:

• August 2017: Tharwani Ariana Phase IV is registered with MahaRERA (Registration No. P51700007834).
• 30 November 2020: The promoter files a declaration stating “no bookings accepted and no construction commenced” and promises to apply for fresh registration only if the project restarts.
• 9 August 2022: A second registration (P51700047534) is obtained for the same land parcel — later claimed as an “inadvertent employee error” during the post-COVID transition.
• 30 September 2024: The promoter applies to deregister the original 2017 project, saying the duplicate was a mistake.
• 27 October 2025: MahaRERA hears the case and directs the promoter to submit full booking details, allottee contacts, payment status, settlement proofs (if any), and proper consents.
• 10 March 2026: The application is rejected. Promoter ordered to pay ₹20,000 cost within 30 days; fresh application allowed only after compliance.

Why MahaRERA Said “No”

The Authority found several serious issues:

• Only 47 out of 60 allottees gave consent — and even those consent letters did not mention that the purpose was deregistration.
• The 60 bookings directly contradict the promoter’s 2020 “no bookings” declaration.
• Two different commencement certificates were filed for the same project, with no explanation.
• Quarterly Progress Reports (QPRs), Form 3 and Form 5 were never updated under the original registration — everything was uploaded only under the new number.
• Complete details of money received and current status of each booking were never placed on record.

Without these basic facts, MahaRERA said it could not confirm that homebuyers’ rights and interests had been protected.

What This Means for Homebuyers

If you have booked a flat in Tharwani Ariana Phase IV:

• The original 2017 registration is still valid and active.
• Check the MahaRERA portal right now under both registration numbers (P51700007834 and P51700047534).
• Verify your agreement, payments, and the latest quarterly progress report.
• If you have not received proper communication or have any pending issues, you can approach MahaRERA directly.

The promoter can file a fresh application once all documents and the ₹20,000 cost are submitted, but until then the project remains under regulatory scrutiny.

This case is a clear reminder: always monitor your project’s RERA compliance — because buyer protection comes first.

Also Read: MahaRERA Orders Full Refund with Interest to Homebuyer for Possession Delay

The post Homebuyers Alert: MahaRERA Rejects Tharwani Ariana Deregistration Bid Amid Contradictions appeared first on Square Feat India.

The judgment, delivered by Justice Amit Borkar on Thursday, quashed a 2014 order by the Divisional Commissioner that had cancelled a sale permission for agricultural land affected by project rehabilitation rules.

What Happened in This Case?

The dispute centered on a plot in Pune district, originally owned by a project-affected farmer, Sahebrao Tatyaba Barke. In 1995, he signed an agreement to sell the land to one Satish Tanksale, but no legal action was taken to enforce it for over 15 years.

In 2010, Barke sought and received permission from the Sub-Divisional Officer under Section 12 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999, to sell the land to Uday Bhanudas Gujar, a 65-year-old agriculturist from Pune.

Following the approval:

• A registered sale deed was executed in March 2011.
• Possession was handed over.
• Gujar’s name was entered in revenue records.

However, in 2011, Tanksale assigned his old agreement rights to Madan Yeshwant Diwan and Alka Diwan, who began interfering with Gujar’s possession. They filed a delayed appeal in 2011, and in 2014, the Divisional Commissioner cancelled the sale permission, claiming the original owner had “suppressed” the 1995 agreement.

Gujar challenged this in the High Court through a writ petition filed in 2014.

Why the High Court Ruled in Favor of the Buyer

Justice Borkar held that the Divisional Commissioner’s order was illegal on multiple grounds:

• No Right to Appeal: The Rehabilitation Act does not allow appeals against orders granting sale permission. Authorities acting under this special law cannot be challenged through general revenue code appeals.
• Once Completed, It’s Final: After permission is granted and the sale is registered with possession transferred, the authority loses power to cancel it. There is no provision for review or recall.
• Old Agreements Don’t Matter: A mere agreement to sell creates no legal title. Since Tanksale never filed a suit for specific performance, his claimants had no standing to challenge the new sale.
• Procedural Flaws: The appeal was heavily delayed, and the Commissioner decided on merits without even approving the delay condonation.

The court restored the 2010 permission and declared Gujar’s registered sale deed fully valid.

What This Means for Common Homebuyers and Land Purchasers

This ruling is a big win for anyone buying restricted lands, such as those allotted under rehabilitation schemes for dam or project-affected families in Maharashtra.

Key takeaways:

• Registered sale deeds provide strong protection against later challenges.
• Buyers don’t need to fear hidden old agreements resurfacing to undo completed deals.
• Government officials cannot revisit approvals after transactions are finalized.
• It reduces risks in agricultural or rural land purchases, common in areas affected by irrigation projects.

Legal experts say this reinforces buyer confidence in property markets, especially where special permissions are required.

Court’s Strong Words on Jurisdiction

The judge emphasized that authorities cannot assume powers not given by law, even if they believe they’re correcting a wrong. Relying on a Supreme Court precedent, the court said jurisdiction is a matter of law, not convenience.

The petition was allowed with no costs imposed.

Also Read: Unauthorized Occupants Cannot Claim Ownership Of Land Simply By Occupying It For Years: Bombay HC

The post Once You Buy and Register Land, It’s Yours Forever: High Court Slams Attempt to Cancel Deal Years Later appeared first on Square Feat India.

Key Guidelines for Buyers
Homebuyers are advised to verify the following details on the MahaRERA website before entering into a transaction:

1. Construction plans approved by the local planning authority.
2. Commencement Certificate, detailing permissions granted to construct up to specific floors.
3. Title clearance report of the project land.
4. Any ongoing litigations or encumbrances related to the project.
5. Standard Agreement for Sale and Allotment Letter approved by MahaRERA, including parking, amenities, and facilities details.

These documents and details are mandatory for developers to submit during the registration process. Buyers can access them by searching for the project’s registration number on MahaRERA’s portal.

Mandatory Provisions for Developers
MahaRERA has made it compulsory for developers to sign agreements for sale with buyers once 10% of the total payment has been made. Additionally, the Agreement for Sale must follow the model draft provided by MahaRERA, which includes non-negotiable clauses on Force Majeure, Carpet Area, Defect Liability Period, and Conveyance Deed.

Developers must also provide detailed annexures listing parking types (garage, stilt, mechanical, or open) and precise dimensions. The annexure must also specify promised amenities and their completion timelines.

Safeguards for Registered Projects
To maintain compliance, MahaRERA enforces strict rules for registered projects. Developers are required to utilize 70% of collected funds exclusively for construction and must submit quarterly updates on project progress. Failure to comply leads to suspension of registration, freezing of bank accounts, and halting of transactions for the project.

MahaRERA also maintains a public list of projects that fail to adhere to these rules. Homebuyers are encouraged to review this list to avoid investing in non-compliant projects.

Quote from MahaRERA Chairman
Highlighting the importance of these measures, MahaRERA Chairman Manoj Saunik stated, “A stringent legal, technical, and financial scrutiny is undertaken before issuing a registration number for any project. We urge homebuyers to carefully examine all project details and insist on legally binding agreements to ensure a safe investment.”

Salient Features of MahaRERA Registered Projects

1. Financial discipline: Developers must utilize 70% of booking funds solely for construction.
2. Transparency: Comprehensive project details are available on the MahaRERA website.
3. Standardized transactions: Uniformity based on carpet area as defined by MahaRERA.
4. Grievance redressal: Buyers can file complaints with MahaRERA if needed.
5. Progress monitoring: Buyers can track project updates on the MahaRERA portal.

Empowering Buyers
MahaRERA’s guidelines aim to legally empower homebuyers and ensure accountability from developers. By remaining vigilant and utilizing the resources available on the MahaRERA portal, buyers can protect their investments and avoid potential risks in real estate transactions.

Also Read: builder fined by MahaRERA

The post MahaRERA Issues Guidelines to Ensure Safe Home Buying Practices appeared first on Square Feat India.