Bombay HC directs civic bodies to link their websites with RERA

21 Nov 2024 CW Team

Bombay High Court directed all municipal corporations, councils and urban local authorities to link their websites with Maharashtra Real Estate Regulatory Authority's (MahaRERA) portal within three months. "This integration would enable RERA to conduct real-time verification of commencement and occupation certificates, thereby preventing forgery and protecting consumers' interests in line with the RERA Act's objectives," said Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar. They directed that "until full integration is achieved", authorities must ensure that CCs and OCs are uploaded on their websites within 48 hours of issuance "to maintain interim transparency and public access".The directions, in the verdict on a PIL by architect Sandeep Patil, were issued "with a view to safeguard the interests of homebuyers and ensure transparency in real estate project registrations". Patil urged HC to direct respondents to adopt a rational policy framework to prevent registration of illegal buildings and to verify the authenticity of documents submitted for project registration. He referred to widespread unauthorised construction in 27 villages in Kalyan and Ambernath talukas, suggesting developers circumvent compliance requirements by creating forged documents. Noting that Section 4 (1) requires developers to submit an authenticated copy of the CC at the time of applying for registration, the judges said it is imperative that RERA insists on verifiable, legally authenticated documents. "Given advances in digital governance," RERA could enhance its coordination with local municipal councils, municipal corporations, and planning authorities, "creating direct access to their databases for immediate document verification". RERA's reply referred to a Feb 23, 2023, state GR mandating municipalities and urban local bodies to integrate their sites with RERA's site to create a unified platform to verify CCs and OCs. The judges directed the state to ensure "rigorous" compliance with the GR. The state's reply detailed steps undertaken to integrate its building plan management system with RERA's platform. While 454 local bodies were displaying CCs and OCs on the system, 26 planning authorities were yet to comply. HC directed completion of integration in three months. They also directed with effect from June 19, 2023, RERA will verify the authenticity of all CCs submitted and then grant registrations.

Bombay High Court directed all municipal corporations, councils and urban local authorities to link their websites with Maharashtra Real Estate Regulatory Authority's (MahaRERA) portal within three months. This integration would enable RERA to conduct real-time verification of commencement and occupation certificates, thereby preventing forgery and protecting consumers' interests in line with the RERA Act's objectives, said Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar. They directed that until full integration is achieved, authorities must ensure that CCs and OCs are uploaded on their websites within 48 hours of issuance to maintain interim transparency and public access.The directions, in the verdict on a PIL by architect Sandeep Patil, were issued with a view to safeguard the interests of homebuyers and ensure transparency in real estate project registrations. Patil urged HC to direct respondents to adopt a rational policy framework to prevent registration of illegal buildings and to verify the authenticity of documents submitted for project registration. He referred to widespread unauthorised construction in 27 villages in Kalyan and Ambernath talukas, suggesting developers circumvent compliance requirements by creating forged documents. Noting that Section 4 (1) requires developers to submit an authenticated copy of the CC at the time of applying for registration, the judges said it is imperative that RERA insists on verifiable, legally authenticated documents. Given advances in digital governance, RERA could enhance its coordination with local municipal councils, municipal corporations, and planning authorities, creating direct access to their databases for immediate document verification. RERA's reply referred to a Feb 23, 2023, state GR mandating municipalities and urban local bodies to integrate their sites with RERA's site to create a unified platform to verify CCs and OCs. The judges directed the state to ensure rigorous compliance with the GR. The state's reply detailed steps undertaken to integrate its building plan management system with RERA's platform. While 454 local bodies were displaying CCs and OCs on the system, 26 planning authorities were yet to comply. HC directed completion of integration in three months. They also directed with effect from June 19, 2023, RERA will verify the authenticity of all CCs submitted and then grant registrations.

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