In a significant judgment strengthening the scope of the Real Estate (Regulation and Development) Act, 2016 (RERA), the Maharashtra Real Estate Appellate Tribunal (MahaREAT) has directed the developers of the long-stalled Neelkanth Kingdom project in Vidyavihar West, Mumbai, to register the entire project under RERA within 60 days.
The ruling overturns a June 18, 2019 order of MahaRERA, which had earlier held that only the project’s balance amenities required registration. MahaREAT has now categorically ruled that where construction is incomplete and completion and occupation certificates are pending, the entire project qualifies as an “ongoing project”, irrespective of when construction commenced.
Legal observers say the judgment could have far-reaching consequences for hundreds of pre-2017 projects across Maharashtra that remain incomplete or lack statutory approvals.
Developers Cannot Escape Accountability Under RERA
The appellate tribunal clarified that partial occupation prior to the enforcement of RERA does not exempt developers from registration obligations.
“This judgment makes it clear that developers cannot escape accountability merely because some buildings were occupied before RERA came into force,” the appellant stated, adding that the order restores the true legislative intent of RERA — consumer protection and regulatory compliance.
The tribunal emphasized that absence of Completion Certificates (CC) and Occupation Certificates (OC) is decisive in determining whether a project is ongoing and therefore mandatorily registrable under RERA.
Neelkanth Kingdom: A Project Mired in Delays and Disputes
Neelkanth Kingdom consists of seven residential buildings developed on land leased by the Suburban Collector to M/s Vidyavihar Containers Ltd. The project was launched in 2005, with possession promised in 2008.
However, internal disputes among developer partners stalled construction until 2010. Though the structures were largely erected by 2012–13, buyers were given only “fit-out possession”, without lawful completion.
To date:
• No building has received a Completion Certificate or Occupation Certificate
• Essential amenities such as a clubhouse, temple, and swimming pool remain incomplete
• An FIR has been registered against the developers, and the criminal case is currently under trial
One Flat Owner Takes on 11 Developers
The appeal before MahaREAT was filed by Stuti Galiya, a solicitor and flat owner in Neelkanth Kingdom. Remarkably, she pursued the case single-handedly, even as nearly 499 other flat owners and seven housing societies chose not to participate.
“What should have been a collective fight for legality and safety became a solitary struggle,” Galiya said.
She faced 11 developer respondents, most of them large corporate entities, represented by leading law firms, yet continued the legal battle alone for over six years.
Serious Safety Concerns and Criminal Liability
The MahaREAT ruling comes against the backdrop of grave safety concerns at Neelkanth Kingdom.
Around 374 flat owners are facing criminal proceedings in the Shindewadi Metropolitan Magistrate Court, Dadar East, for occupying flats without an OC. The complex has witnessed three major fire incidents in the last nine months, including one that claimed the life of a security guard and injured several residents and staff members.
“These repeated incidents show that the buildings are not fit for human habitation,” Galiya stated.
Occupation without statutory approvals places residents, visitors, emergency responders, and staff at serious risk, echoing recent Bombay High Court observations in the Wellington Heights case, which warned against casual treatment of OC violations.
A Ruling with Wide Legal Impact
Legal experts believe the 32-page MahaREAT order gives real teeth to RERA, particularly for stalled and incomplete legacy projects.
Once registered, developers will be legally bound to:
• Complete pending amenities within fixed timelines
• Rectify regulatory and planning violations
• Hand over lawful possession with OC
• Face penalties, interest, and compensation claims in case of default
The judgment significantly expands RERA’s enforcement reach and prevents developers from hiding behind technical loopholes.
Alone Against All Odds
Court records reveal that Stuti Galiya also faced resistance from within the residential complex. She alleges she was denied society membership rights, share certificates, and official communications by society office bearers, allegedly to pressure her into withdrawing legal proceedings.
Despite collective inaction weakening earlier attempts to secure an OC, she continues to pursue justice while hundreds of residents remain exposed to legal and safety risks.
Her case underscores a harsh reality — that silence and inaction can endanger entire communities.
