LAWS(BOM)-2021-3-60

MACROTECH DEVELOPERS LIMITED Vs. STATE OF MAHARASHTRA

Decided On March 01, 2021
Macrotech Developers Limited Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) By this Petition fled under Article 226 of the Constitution of India, the Petitioners have sought quashing and setting aside of the order dated 31st December 2020 passed by the Adjudicating Offcer, Maharashtra Real Estate Regulatory Authority (for short "MahaRERA") in Complaint No. CC 006000000056889 ("the impugned order").

(3.) The Petitioners have further sought for declaration that the Petitioners are not required to register the Phase of its project "Lodha Dioro" upto 40th foors under the provisions of Section 3 of the Real Estate (Regulation and Development) Act, 2016 (for short "the Act"), in view of the part occupancy certifcate in respect thereof having been obtained/issued by the Mumbai Metropolitan Region Development Authority (for short "MMRDA") prior to 1st August 2017.