In a significant ruling aimed at reinforcing judicial access and procedural fairness, the Bombay High Court on Thursday directed the Maharashtra Real Estate Regulatory Authority (MahaRERA) to reinstate the hybrid mode of hearings within four weeks, allowing parties to choose between physical and virtual appearances.
The bench comprising Justices Revati Mohite Dere and Neela Gokhale observed that “access to justice is not merely about providing virtual access, but ensuring that parties also have the right to appear physically.” The court expressed concern over MahaRERA’s insistence on continuing with virtual-only hearings, despite all other courts across the state having shifted back to the hybrid model post-COVID-19.
Background of the Petition
The directions were issued while hearing a petition filed by Mayur Desai, who sought two main reliefs:
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Expeditious adjudication of his execution/non-compliance proceedings pending since March 2024
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Restoration of hybrid hearings, as was the norm prior to the pandemic
Desai’s grievance included delays in enforcement of MahaRERA orders, which significantly affect homebuyers awaiting relief.
MahaRERA’s Stand
Appearing for MahaRERA, the authority’s counsel submitted that if parties desired physical hearings, they could submit a request to the respective bench, which may then allow it at its discretion. However, the High Court did not find this to be an adequate or consistent solution, stressing the need for systemic provision of hybrid access for all parties.
Key Observations and Directions
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The High Court termed the virtual-only approach of MahaRERA “concerning”, especially when courts have returned to hybrid hearings.
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The judges stressed that litigants must be provided meaningful access, not just technologically but procedurally.
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MahaRERA was directed to review and revisit its circular dated April 2025 and the associated Standard Operating Procedures (SOPs) with respect to:
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Urgent listing of matters
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Execution of non-compliance orders
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Mentioning of cases
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Pronouncement and publication of reserved orders
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Implications
This ruling could have a far-reaching impact on litigants before MahaRERA, especially homebuyers facing delays in execution of favorable orders. It also sets a precedent that regulatory authorities must ensure parity with court practices to maintain procedural fairness and convenience for the public.
