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Synopsis

The Bombay High Court has recently directed urban planning authorities to link their website with MahaRERA to enhance transparency for homebuyers. 

A division bench comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar was hearing a PIL filed by Sandeep Patil, an architect from Dombivli. The PIL sought to hold the government, MahaRERA, and urban planning authorities accountable for addressing issues of unauthorized construction. 

The petitioner highlighted that numerous illegal structures in Kalyan and Ambernath were built based on forged documents submitted by builders to civic authorities. 

The bench instructed the authorities to ensure that Occupancy Certificates (OC) and Completion Certificates (CC) are uploaded to the website within 48 hours of issuance.

The high court said that all certificates submitted since 19th June 2023 should be verified by MahaRERA and registration should be granted only after due verification of all the documents.

The high court in its order noted that “Given the nature of the issues raised by the petitioner concerning the potential for forged commencement certificates, any aggrieved party retains the right to approach respondent No.2 through appropriate legal proceedings as permitted under the RERA Act, 2016, to seek cancellation of a project’s registration,” the order reads.

The bench also directed the state to integrate the Building Plan Management System (BPMS) with MahaRERA’s online system within three months which would allow MahaRERA to cross-verify certificates against records in BPMS, mitigating the risk of fraudulent submissions and enhance regulatory oversight

Furthermore, it asked MahaRERAto demolish within three months the illegal structures in the area constructed by submitting forged documents and asked the police stations to assist civic officials in removing occupants.

Case title: Sandeep Pandurang Patil vs State of Maharashtra & Ors