Goa Real Estate Regulatory Authority (RERA) has approached the North Goa Principal District and Sessions Court seeking enforcement of its 2020 order directing Hrija Construction to complete an unfinished housing project and hand over flats to affected homebuyers.
The move has come after homebuyers submitted representations in July and August 2026, seeking implementation of the long-pending directions. The case highlights the difficulties homebuyers can face when a RERA order is passed but the underlying project remains incomplete and possession cannot actually be delivered.
What was the dispute?
In February 2020, Goa RERA found Hrija Construction responsible for failing to register the ongoing project and failing to deliver possession of the flats.
The authority imposed a ₹15 lakh penalty on the developer and directed it to:
- Complete the housing project
- Obtain the necessary approvals
- Hand over possession of the flats to the homebuyers by April 30, 2020
However, the developer did not comply with the directions within the stipulated period.
Goa RERA subsequently initiated criminal proceedings before the Judicial Magistrate First Class (JMFC) in relation to the non-registration violation. The penalty recovery was also forwarded to the Revenue Department.
Separately, the direction relating to completion of the project and handing over possession was sent to the district court for execution.
Why did the execution proceedings face a problem?
The execution proceedings subsequently came before the district court.
On June 23, 2026, the ad hoc district court in Panaji closed the execution proceedings after observing that physical possession could not be handed over because the building remained incomplete and did not have a final Occupancy Certificate (OC).
This created a practical difficulty: although Goa RERA had directed the developer to complete the project and hand over the flats, the court could not simply deliver possession of an unfinished building without the necessary completion and occupancy requirements being fulfilled.
Goa RERA seeks revival of execution proceedings
Goa RERA has now sought intervention of the North Goa Principal District and Sessions Court.
On September 9, 2026, RERA secretary Dattaraj Gauns Desai re-initiated the execution proceedings.
The authority pointed out that the district court had considered the portion of its earlier order relating to possession, but had not given effect to the separate and fundamental direction requiring the developer to complete the project.
According to RERA’s position, the inability to hand over possession because the building is incomplete should not result in the entire execution proceeding being closed.
RERA’s argument on the Occupancy Certificate
A key issue before the court is the Occupancy Certificate.
Goa RERA has argued that obtaining an OC is an inherent part of completing the construction and making the project capable of being handed over to homebuyers.
Therefore, according to the authority, the absence of an OC should not be treated as a reason to terminate execution of the order. Instead, completion of construction and obtaining the OC should form part of the process of implementing the original RERA direction.
Can the executing court take steps to complete the project?
Goa RERA has also urged the executing court to exercise its powers under the Code of Civil Procedure (CPC) to ensure that its 2020 order is effectively implemented.
The authority has suggested that the court could consider appointing an independent agency or third party to undertake and complete the remaining construction.
The cost of completing the project could, according to RERA’s request, be recovered from the defaulting developer.
Such a mechanism would focus on actually completing the project rather than leaving homebuyers with an order that cannot be practically implemented because the original developer has failed to finish the construction.
RERA says it cannot review its own order
Another important issue raised by Goa RERA is its own power after an order has already been passed.
The authority has told the court that it does not have the power to review its order once it has been issued. Therefore, it has sought the assistance of the executing court for giving practical effect to the directions already contained in the 2020 order.
The authority’s position is essentially that the original order remains to be implemented and that the executing court can use the powers available under the CPC to facilitate its enforcement.
What does this mean for the homebuyers?
For the affected homebuyers, the dispute is no longer simply about whether RERA has passed an order in their favour. The central issue is actual execution of that order.
The 2020 order directed the developer to complete the project and deliver the flats. However, more than six years later, the project remains incomplete.
The latest proceedings therefore seek to bridge the gap between a regulatory order and its practical implementation.
If the court accepts the approach sought by Goa RERA, an independent agency or third party could potentially be brought in to complete the unfinished construction, with the financial burden placed on the defaulting developer, subject to the court’s directions.
Why the case is significant for homebuyers
The Goa case illustrates an important practical issue in real estate disputes: obtaining a favourable RERA order may not always be the final step.
Where a developer does not comply with an order, the homebuyer may have to pursue execution and recovery proceedings to obtain the actual relief directed by the authority.
Here, the original RERA order included both completion of the project and delivery of possession. Goa RERA is now asking the executing court to ensure that the first part—completion of the project—is not lost merely because physical possession cannot presently be delivered.
The matter will ultimately depend on the directions issued by the North Goa Principal District and Sessions Court in the revived execution proceedings.
- Goa RERA imposed a ₹15 lakh penalty on Hrija Construction in 2020.
- The developer was directed to complete the project and hand over flats by April 30, 2020.
- The project remained incomplete and did not have a final Occupancy Certificate.
- The district court closed execution proceedings in June 2026 because physical possession could not be delivered.
- Goa RERA has now re-initiated execution proceedings.
- The authority says obtaining an OC is part of completing the project.
- RERA has asked the court to consider using its CPC powers to facilitate completion.
- One possibility suggested by RERA is appointment of an independent third party, with the developer bearing the cost.
- The case highlights the importance of effective enforcement of RERA orders, particularly where a defaulting developer has failed to complete construction.
