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Revenue authorities cite hurdles to execute MahaRERA orders
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Revenue authorities cite hurdles to execute MahaRERA orders
Publish on : 2022-11-02 16:42:09
With nearly 751 recovery warrant orders to be executed, the authorities are facing issues with carrying out the orders and ensuring that homebuyers receive their invested money back. PUNE: Revenue authorities in the state have cited hurdles in executing the Maharashtra Real Estate Regulatory Authority (MahaRERA) recovery warrant orders in the state, with the properties of developers to be auctioned either on lien or on rent or already mortgaged to financial institutions. With nearly 751 recovery warrant orders to be executed, the authorities are facing issues with carrying out the orders and ensuring that homebuyers receive their invested money back. To compensate the aggrieved party, the property of the disputed developer is attached by the collectorate and then auctioned. The recovery process involves the collector issuing an attachment certificate, following which the property is attached, and the developer given a chance to repay the amount. If s/he fails to do so, the process of auctioning the property begins. Tehsildars, who have been allocated the work, told TOI that they visit the developers’ offices only to find that the properties have already been attached, so they cannot be auctioned. “While notices are issued, the actual auction cannot take place as these properties have already been mortgaged to some financial institutions. It is a technical hurdle to execute these orders,” said a tehsildar. Of the total 751 recovery warrant orders issued across the state, a majority of projects are from Mumbai, Pune, and Thane. Mumbai city (25) and Mumbai suburban (314) lead the tally followed by Pune and Thane with 160 and 115 recovery warrant orders each, respectively. The warrants were issued in relation to 292 projects across Maharashtra, of which 90 are from Mumbai city and suburban, 84 from Pune, 59 from Thane, and 22 from Raigad. The total worth of the recovery warrant orders is to the tune of Rs717cr. In the last assembly session, deputy chief minister Devendra Fadnavis, who is also the housing minister, said that he would soon set up a mechanism to clear the recovery warrants that have been issued. However, due to these hurdles, it is practically impossible to execute these orders. This needs to be addressed by the state government, said a collector. Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association, said that the execution of MahaRERA orders at the collector’s office is not happening the way they were expected to be. “The warrants issued by MahaRERA is simply forwarded by the district collector to the tehsildar’s office. There is no system or mechanism through which the collector or the tehsildar can implement the warrants,” he said. He said that even the redressal of complaints is not decided on a time-bound manner. “The hearings of the complaints are taken up by MahaRERA after a period of three years. The complaints filed in 2019 are being taken up now. After the hearing is over and the complaints are reserved for order, the authority takes six to eight months to pass the order as there are not enough officers to dispose of the cases,” Prabhu said. He said that the execution petition filed before MahaRERA takes nearly 12-18 months to be heard. “Thus, the allottees have started losing confidence in the functioning of RERA,” he added. “I have not received any calls from the collector’s office regarding the execution of the order,” said a homebuyer working in an IT company.

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