Flat owner wins big as MahaREAT overturns MahaRERA order on Vidyavihar project

After a sixyear legal battle a single flat owner has secured a landmark ruling from the Maharashtra Real Estate Appellate Tribunal MahaREAT directing the developers of the stalled Neelkanth Kingdom project in Vidyavihar West to register the entire project under the Real Estate Regulation and Development Act 2016 RERA within 60 daysThe order overturns a June 18 2019 decision of the Maharashtra Real Estate Regulatory Authority MahaRERA which had held that only the projectrsquos balance amenities required registrationThe appellate tribunal has now ruled that where completion and occupation certificates remain pending and construction is incomplete the entire project must be treated as an ldquoongoing projectrdquo under RERA regardless of when construction beganSolicitor Stuti Galiya PicBy Special ArrangementAdvocate Awadhesh Jha who represented the flat owner solicitor Stuti Galiya before MahaREAT said the ruling reinforces RERArsquos intentldquoThis judgment makes it clear that developers cannot escape accountability merely because some buildings were occupied before RERA came into forcerdquo Jha said adding that the order could have wide implications for several pre2017 projects across MaharashtraProject mired in delaysNeelkanth Kingdom comprises seven residential buildings developed on land leased by the Suburban Collector to Ms Vidyavihar Containers Ltd The project was launched in 2005 with possession promised in 2008However internal disputes among the developer partners stalled construction until 2010 according to the petitionerAlthough the structures were largely completed by 201213 buyers were handed only ldquofitout possessionrdquo under mounting legal pressure To date none of the buildings have received completion or occupation certificates and key amenities such as the clubhouse temple and swimming pool remain unfinishedAn FIR was registered against the developers earlier and the criminal case is currently under trialOne flat owner versus manyThe appeal before MahaREAT was filed by solicitor Stuti Galiya a flat owner in the project who challenged the MahaRERA order passed in 2019Remarkably she pursued the case alone even as nearly 499 other flat owners and seven housing societies chose not to join the legal proceedingsldquoWhat should have been a collective fight for legality and safety became a solitary strugglerdquo Galiya saidldquoWe were fighting 11 developer respondents most of them large corporate entities represented by some of the countryrsquos leading law firmsrdquoSafety concernsThe MahaREAT ruling comes amid serious safety concerns at Neelkanth KingdomAround 374 flat owners currently face criminal proceedings in the Shindewadi Metropolitan Magistrate Court Dadar East for occupying flats without an occupation certificate The complex has witnessed three major fire incidents in the past nine months one of which claimed the life of a security guard and injured several residents and staffldquoThese repeated incidents show that the buildings are not fit for human habitationrdquo Galiya saidOccupation without statutory approvals places residents visitors staff and emergency responders at serious risk she addedThe concerns echo recent observations of the Bombay High Court in the Wellington Heights case where the court warned that occupation of buildings without OCs poses grave dangers and cannot be treated casuallyA ruling with wider impactLegal experts say the MahaREAT judgment could serve as a major precedent strengthening RERArsquos reach over stalled and incomplete pre2017 projectsOnce registered developers will be compelled to Complete pending amenities within fixed timelines Rectify regulatory violations Hand over lawful possession Face penalties and compensation claims in case of defaultldquoThis 32page order gives real teeth to RERArdquo Galiya saidldquoIt sends a strong message that developers cannot hide behind technical loopholesrdquoFor hundreds of residents at Neelkanth Kingdom the ruling offers a rare glimmer of hope after years of uncertainty At the same time it highlights a stark reality mdash that the fight for safety and legality was carried forward by a single flat ownerldquoAs this case shows silence has a costrdquo Galiya saidldquoJustice may prevail but collective inaction can push entire communities towards irreversible riskrdquoAlone against all oddsFor Stuti Galiya and her family the fight for justice at Neelkanth Kingdom has been a lonely battle While the stalled project has affected more than 500 flat owners she took on 11 powerful developers represented by top legal firms entirely on her own According to case records she also faced resistance from within the residential complex Stuti alleges that she was denied basic society membership rights share certificates and formal society communications by the office bearers of the housing society She claims this was done deliberately to pressure her into withdrawing the legal cases she filed against the developers and certain residents before various courts including MahaREATCourt battles for securing an Occupation Certificate were weakened by collective inaction even as 374 flat owners continue to face BMC cases and serious fire safety hazardsStutirsquos struggle underscores how justice can sometimes rest on the courage of a single family She says she is prepared to continue the fight until justice is fully served2008Year Neelkanth Kingdom projectrsquos possession was promised in