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Locus standi to file RERA complaint – adjoining owner of plot developed by promoter is not aggrieved person

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Section  31(1) of RERA Act – Locus standi to file complaint by adjoining owner against developer of adjoining plot.

The appellant is the owner of the land adjoining to the plot “Blue Heaven” developed by the respondent no.3.

On 23.7.2017, the appellant filed complaint with MahaRERA against the illegality of respondent no.2 in development of Blue Heaven in Panvel including encroachment and non-registration of said project with RERA.

On 26.4.2019, RERA disposed of the complaint on one of the grounds that the appellant is not an “allottee” or “interested person” in the building and therefore, the complainant has no locus standi.

On 13.2.2023, the RERA Appellate Tribunal dismissed  the appeal on various grounds including locus standi.

HELD that a person who is not connected with the project of the promoter since he had not booked the flat in the project cannot be said to be an “aggrieved person” under section 31(1) of the Act for filing complaint.

Similarly, Rule 6(1) of the MahaRERA (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc. ) Rules 2017, shows that the “aggrieved person” is a person having interest in the project.

At the most, the unconnected or unrelated person may bring the alleged violation to the notice of RERA for its action.

Second Appeal No.432 of 2023 – Dr. Yogesh Keshav Bele Vs. Maha RERA and others

 

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