For halting action on builder, babu gets MahaRERA summons
Publish on : 2023-01-23 19:14:50
In a controversial move, the Mumbai suburban collector's office has halted the auction of Jawahar Talkies compound in Mulund despite a warrant from real estate regulator MahaRERA to attach and sell the property belonging to Nirmal Developers for defaulting on payments to home buyers.
MUMBAI: In a controversial move, the Mumbai suburban collector's office has halted the auction of Jawahar Talkies compound in Mulund despite a warrant from real estate regulator MahaRERA to attach and sell the property belonging to Nirmal Developers for defaulting on payments to home buyers.
The MahaRERA has now summoned Makrand Deshmukh, deputy commissioner at the Konkan Bhavan who was holding temporary charge at the suburban collectorate, to clarify his stand on suspending the auction without informing MahaRERA and without directions from it.
The MahaRERA has also written to the suburban district collector and sought action against the tehsildar who wrote a letter to the collector seeking guidance and stalling the auction on the basis of a letter sent by the developer. MahaRERA questioned the move to stop the auction without verifying the claims of the builder.
An earlier attempt to auction the theatre plot was also halted after a finance firm moved court stating that it had a lien on the property. Revenue officials initiated the auction process for the second time on January 18. Even as the auction was scheduled, Deshmukh, holding temporary charge as suburban collector in the absence of Nidhi Choudhari, who was on training, wrote to MahaRERA, citing a letter from the developer on January 12 in which he claimed that 60% of the amount due to complainants had been paid and therefore seeking an amended order. The next day, January 13, the collector wrote to MahaRERA seeking advice on further action, while the tehsildar sought guidance from the collector's office on the very same day that the developer's letter landed.
The MahaRERA on Tuesday wrote to Deshmukh saying the authority had issued several warrants for recovery of more than Rs 43.93 crore between 2018 and 2019 and that it was after a four-year delay that the auction of the property was scheduled. However, the auction was stopped without directions from Maharera and without verifying that home buyers had been repaid. The MahaRERA letter stated that it was wrong to postpone the auction only on the basis of a letter from the tehsildar seeking guidance.
When contacted, Deshmukh said the developer had approached MahaRERA and it is in that context that he sought guidance. "We will present our say before MahaRERA," he said. The home buyers who are struggling to recover their dues said the revenue officials had acted without verifying the facts. "We have been fighting for the last eight years to get our hard-earned money even after MahaRERA ruled in our favour. Recently, revenue officials initiated the process to auction Jawahar Talkies for the second time. However, the auction was halted after the builder approached the tehsildar and collector saying he had already settled dues of 60% of the buyers. The auction was halted without checking the merits and proof of payments to home buyers," said complainants Gaurav Hatalkar and Haresh Gori.