The Action: Why KDMC Moved In

The crackdown was spearheaded by the Ward 5/D office following a special inspection drive in the Vinayak Colony area. Despite the regular operation of ‘Ghanta Gadis’ (waste collection vehicles), authorities observed that several citizens were failing to segregate wet and dry waste. More alarmingly, garbage was being dumped in public spaces, creating unauthorized dump sites that posed a severe threat to public health.

Recognizing the potential for a health crisis, Deputy Commissioner Ramdas Kokare took a firm stance. In coordination with Deputy Commissioner of Police Atul Zende and Senior Police Inspector Hemant Gurav of Kolsewadi Police Station, a joint enforcement drive was conducted.

The Legal Hammer: What the BNS Charges Mean

During the operation, officials issued 13 show-cause notices and registered several Non-Cognizable (NC) offenses on the spot. However, for the most serious violations, KDMC has filed two formal criminal cases under the Bharatiya Nyaya Sanhita (BNS), 2023.

The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC) as of July 2024. By invoking the BNS, KDMC is treating public littering and the failure to manage waste not just as a civic nuisance, but as a criminal act. Relevant sections typically applied in such cases (such as Section 270 or 271 of the BNS) pertain to “Malignant acts likely to spread infection of disease dangerous to life” and “Negligent acts likely to spread infection.”

Being booked under these sections means the accused could face:

• Fines and Imprisonment: Depending on the severity, these sections allow for jail time or heavy monetary penalties.
• Criminal Record: Unlike a simple municipal fine, a case registered under the BNS appears on a criminal record, which can impact future employment and legal standing.

A Warning to Citizens

KDMC has made it clear: the time for “awareness” is over, and the time for “consequences” has begun.

Under current municipal laws, it is mandatory for every citizen to segregate waste and hand it over to the collection vehicles at designated times. The act of dumping, burning, or accumulating waste in public is a punishable offense. The administration warned that while the Swachh Bharat Abhiyan continues to promote awareness, those who deliberately flout rules will face “stricter and harsher action” in the future.

The drive saw the presence of high-ranking officials including Assistant Commissioner Umesh Yamgar, Health Officers Vikram Gaikwad and Uday Nikumbh, and several Unit Officers and Inspectors.

KDMC concluded its statement with a stern appeal: “Cooperate with the administration to keep the city clean, beautiful, and healthy. Follow waste management rules strictly. There will be no compromise on cleanliness.”

Also Read: Action against residents for occupying flats without OC

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Allegations of Fraudulent Documentation

MahaRERA’s action follows claims that the project, registered under MahaRERA Project Registration number P51700028631, used a fake commencement certificate (CC) dated January 6, 2021. The Kalyan Dombivli Municipal Corporation (KDMC) confirmed via email on January 12, 2024, that the certificate submitted was not issued by their office, raising concerns about the validity of the project’s documentation.

Hearing and Absence of Promoter

On July 26, 2024, a hearing was held where the MahaRERA Authority recorded that the promoter was absent despite receiving notice. The Authority noted the lack of a response and decided to proceed with further action to address the alleged misuse of documentation.

Key Observations and Authority Actions

• Mandatory Documentation Requirements: According to Section 4 of the Real Estate (Regulation and Development) Act, 2016 (RERA), promoters are required to submit valid approvals and commencement certificates as part of their project registration process. The fraudulent CC submitted by Rajlaxmi Developer was deemed non-compliant with these requirements.
• Revocation Grounds: Under Section 7 of the RERA Act, MahaRERA has the authority to revoke project registrations for defaulting on statutory obligations or indulging in unfair practices. The use of a fake CC was deemed a serious irregularity warranting revocation.
• Protecting Homebuyers: The Authority has taken measures to freeze the project’s designated bank account to prevent further misuse of funds and has barred the promoter from advertising or selling any units within the project. These steps aim to safeguard the interests of prospective and existing homebuyers.

Future Measures and Recommendations

MahaRERA has urged the Secretary (Urban Development) of Maharashtra to implement a dedicated portal for verifying milestone approvals such as CCs and Occupation Certificates (OCs). This system would enhance transparency and consumer protection by allowing buyers and regulatory bodies to verify the authenticity of essential project documents.

Conclusion

The revocation of Rajlaxmi Developer’s MahaRERA registration underscores the Authority’s commitment to enforcing regulatory compliance and protecting consumer interests in the real estate sector. The decision serves as a warning to other developers to adhere strictly to regulatory standards to avoid similar penalties.

Also Read: MahaRERA Enforces New ‘Quality Assurance Certificate’ to Elevate Construction Standards

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In the order MahaRERA has mentikoned that in a suo-motu case taken up by MahaRERA against all the 15 Promoters was pursuant to the allegation of submitting a false / fake commencement certificate (CC) for the registration of the projects with the authority.

MahaRERA in its order has stated, that as per section 4 of. the said Act every Promoter who seeks registration of his real estate project is mandated to make an application to this Authority in such form, manner, within such time and accompanied by such fee as specified by the regulations made therein and also enclose the documents such as a brief details of the enterprise of the Promoter, a brief detail of the projects launched by him (in the past five years, whether already completed or being developed), an authenticated copy of the approvals and commencement certificate from the competent authority obtained in accordance with the laws as may be applicable for the real estate project, the sanctioned plan, layout plan and specifications of the proposed project, etc.

MahaRERA also stated that vide letters dated August 17, the Assistant Director, Town Planning office of Kalyan Dombivali Municipal Corporation (KDMC) informed MahaRERA that the above-mentioned CCs submitted while seeking MahaRERA Project registration of the above-mentioned Projects has not been issued by the office of KDMC. Thus, it appears that the above-mentioned CCs have been obtained by means that are suspect. Further, it is also brought to the notice of this Authority that an investigation into this issue is also pending before the Thane crime branch against the Promoters of the above-mentioned Projects.

The order said the authority had powers under section 7 of the RERA Act, 2016 of revoking the registration of MahaRERA projects if the promoter (developer) was indulging in any kind of unfair practices.

Finally MahaRERA in an order signed by Chairman Ajoy Mehta and Member Mahesh Pathak.cancelled/revoked the registration of the 15 projects.

All the 15 promoters are now restrained not to advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner apartment or building, as the case may be, in these 15 projects or part of it.

Also Read: 49 Projects in KDMC area lose MahaRERA Registration for Fabricating CC

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The reason behind this move is that the KDMC had informed MahaRERA that commencement certificates (CCs) of these real estate projects were not issued by it.

An order dated November 7, uploaded on the MahaRERA website under the suo-motu decision by the authority this decision came to be known to public.

MahaRERA has been hearing a matter concerning 54 real estate projects and during the last hearing MahaRERA passed an order were it cancelled the registration of 49 projects.

In the suo-motu cases taken up by MahaRERA against all the Promoters was pursuant to the allegation of submitting a false / fake
commencement certificate (CC) with regard to MahaRERA Project Registration.

On October 28, a physical hearing was held where the Advocate stated that earlier also he had sought time, the advocate stated that there is a criminal complaint which has also been filed against his clients and the same is under investigation before the Thane crime branch. The Advocate further stated that since a criminal investigation is pending in the matters and that they are being summoned by the Police for investigation purposes, no precipitatory action should be taken in these matters till then. The Advocate pleaded that these matters be kept in abeyance till the outcome of the criminal investigation.

MahaRERA in its order has stated, that as per section 4 of. the said Act every Promoter who seeks registration of his
real estate project is mandated to make an application to this Authority in such form, manner, within such time and accompanied by such fee as specified by the regulations made therein and also enclose the documents such as a brief details of the enterprise of the Promoter, a brief detail of the projects launched by him (in the past five years, whether already completed or being developed), an authenticated copy of the approvals and commencement certificate from the competent authority obtained in
accordance with the laws as may be applicable for the real estate project, the sanctioned plan, layout plan and specifications of the proposed project, etc.

MahaRERA also stated that vide letters dated August 17, the Assistant Director, Town Planning office of Kalyan Dombivali Municipal Corporation (KDMC) informed MahaRERA that the above-mentioned CCs submitted while seeking MahaRERA Project registration of the above-mentioned Projects has not been issued by the office of KDMC. Thus, it appears that the above-mentioned CCs have been obtained by means that are suspect. Further, it is also brought to the notice of this Authority that an investigation into this issue is also pending before the Thane crime branch against the Promoters of the above-mentioned
Projects.

The order said the authority had powers under section 7 of the RERA Act, 2016 of revoking the registration of MahaRERA projects if the promoter (developer) was indulging in any kind of unfair practices.

“In the present case of not obtaining the CCs from the Competent Authority and misrepresenting to this Authority as well as the allottees / home buyers and collecting money through misrepresentation and taking the bookings in the above-mentioned MahaRERA registered projects can be said to be unfair or deceptive practice,” the order said., which has been signed by MahaRERA Chairperson Ajoy Mehta and Member Mahesh Pathak.

And thus MahaRERA ordered the cancellation of the registration of all the 49 projects. So when you are planning to buy a home in KDMC it is better that you read the order at this link.

Also Read: KDMC residents Read this before you invest in these 52 projects

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By Varun Singh

The Kalyan Dombivali Municipal Corporation jurisdiction has seen a mega realty deal, where a development agreement between Keyblue Realtors Pvt. Ltd. an entity of Rustomjee and three landlords was signed.

The deed is worth Rs 116.23 crore and the three landlords include Vaibhav Gaikwad, Bhagwati Jain, and Rakesh Jain. The development deed concerned is located in Ambernath, the land falls in the KDMC jurisdiction.

According to documents made available by CRE Matrix, a real estate data analytics firm, the development deed was signed between both parties on September 30.

The total area mentioned in the agreement copy is 5,10,208 sq ft, where as the total consumption of FSI is 21,32,456 sq ft.

A stamp duty of Rs 5,81,19,600 was paid for the registration of the development deed.

The KDMC area in the last few years has seen a huge development in terms of top realtors eyeing the area. The extended suburbs of Mumbai, KDMC is part of Mumbai Metropolitan Region.

Developers see this market with a development potential for various reasons, with many firms moving to Navi Mumbai especially the Belapur-Thane road, which is closeby to Kalyan and Dombivali vis Shil road, makes this area a lucrative option for developers.

Also compared to many areas in Mumbai, Kalyan and Dombivali rates are still affordable thus helping many make a move. However, the rates have jumped to the higher side in the last few years.

KDMC recently has seen several developments, including big townships and good investments too. Hence, this huge deal doesn’t come as a major surprise, as when an area develops, the land in that area becomes a gold mine and this is happening with almost all the places in and around Mumbai Metropolitan Region.

Also Read: Madhuri Dixit pays ₹48 crore for a House

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Do you stay in the jurisdiction of Kalyan Dombivali Municipal Corporation (KDMC)? Then this news is of utmost importance to you.

Please go this link and check whether you have invested in any of these properties. If not then you can heave a sigh of relief and if were planning to then read this entire article before you take the final decision.

The reason being, Maharashtra Real Estate Regulatory Authority (MahaRERA) recently came out with a list of 52 projects where they have Suspended , kept in Abeyance or Deregistered the projects.

According to several reports, MahaRERA took this decision after KDMC filed a complained against several developer for allegedly forging documents.

A report states that KDMC had claimed that some of the developers had allegedly forged documents to show that they had permissions, whereas no such permission was issued.

It is mandatory that every project that is registered with MahaRERA should have all the permissions required to carry out constructions from the planning authority. In this case the planning authority is KDMC for all the 52 projects which are now deregistered.

As per the RERA Act, 2016, all real estate projects are to be registered with the RERA in respective states. In Maharashtra, on registration of a project with MahaRERA, the projects are provided with a certificate and a number.

Every developer who wishes to sell a project in Maharashtra has to have this number, even to advertise, they need this number, any project that hasn’t been completed and not received an OC, they need to register with MahaRERA.

The watchdog’s job is to save the homebuyers from frauds and get them their home or investments back in case the project is delayed.

Before investing in any new project in Maharashtra, one should log in to the website of MahaRERA and check the details, before investing.

Also Read: Maha Govt floats Global Tender for Dharavi Redevelopment

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