Mumbai: After a relentless six-year legal battle, a solo flat owner has secured a landmark order from the Maharashtra Real Estate Appellate Tribunal (MahaREAT). Developers of the stalled Nilkanth Kingdom project in Vidyavihar (West) have been directed to complete the full Real Estate (RERA) registration for the project within 60 days.
The verdict overturns MahaREAT’s previous order dated June 18, 2019, which had permitted registration only for remaining amenities. The tribunal has now clarified that incomplete projects must be treated as active projects and registered under RERA, strengthening the law’s applicability to unfinished developments.
Lawyer’s Statement and Legal Significance
The flat owner’s lawyer explained that MahaREAT has made it clear that where Completion and Occupation Certificates (CC/OC) are pending and the project remains incomplete, the entire project will be considered active and must be registered under RERA.
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The lawyer added, “This decision reinforces the core spirit of RERA and ensures developers cannot evade accountability simply because possession occurred before the law came into effect.” Experts say the ruling could have far-reaching implications for pre-RERA projects across Maharashtra.
Delays and Disputes in the Project
The flat owner, Stuti Galiya of N K Avanti CHS, claims that Nilkanth Kingdom consists of seven residential buildings on leased land. The project began in 2005, with possession initially promised to buyers by 2008. However, internal disputes among developers and legal hurdles stalled the project until 2010. By 2012-13, the structures were ready, but buyers were given only fit-out possession. Key amenities like the clubhouse and swimming pool remain incomplete.
Six-Year Solo Legal Battle and Historic Victory
The appeal before MahaREAT was filed solely by the flat owner. Around 499 other flat owners and seven housing societies chose not to participate in the prolonged legal fight.
Stuti fought 11 builders, most of them major corporate entities represented by top law firms, on her own. Her battle demonstrates that justice can hinge on the determination of a single family, and sustained effort is often required to achieve full legal remedies.
Implications for RERA and the Future
Following this decision, the authority and impact of RERA on incomplete projects has been strengthened. Developers are now legally obliged not only to complete the buildings but also to ensure the protection of interests for all flat owners.
