Bombay High Court
M/S. Aqaab Realty Private Limited Thr. ... vs The State Of Goa, Thr. Its Chief ... on 18 September, 2024
2024:BHC-GOA:1526
2024:BHC-GOA:1526 WP 640/2024
Shakuntala
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.640 OF 2024
M/s. Aqaab Realty Private
Limited, Through its
Director and Authorized
Representative, Mr. Zakaria
Mohamed Farouk Darvesh, Age 40 years,
Authorized vide the Board Resolution
dated 16/08/2024, with registered
office at Shop No. 7C, Ground Floor,
H.P. Mansion, 70-72, Narayan
Dhuru Street, Mumbai,
Maharashtra, 400003 ...PETITIONER
VERSUS
1. The State of Goa,
Through its Chief Secretary,
Secretariat, Porvorim, Goa.
2. The Goa Real Estate Regulatory
Authority, with office at Spaces Building,
Plot No. 40, Block No. 101, 1st Floor,
EDC, Patto Plaza, Panaji-Goa. ...RESPONDENTS
Mr. Dattaprasad Lawande with Mr. Chirag Angle, Advocates for
the Petitioner.
Mr. Geetesh Shetye, Additional Government Advocate for the
Respondent No.1.
Ms. Maria Correia, Additional Government Advocate for the
Respondent.
CORAM:- BHARAT P. DESHPANDE, J.
DATED :- 18th September, 2024
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18th September, 2024
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WP 640/2024
ORAL JUDGMENT
1. Rule.
2. Rule is made returnable forthwith.
3. The matter is taken up for final disposal with consent
of the parties.
4. Heard Mr. Lawande along with Mr. Angle learned
Advocates for the Petitioner; Mr. Gitesh Shetye learned
Additional Government Advocate for the Respondent No. 1
and Ms. Maria Correia, learned Additional Government
Advocate for the Respondent No. 2.
5. A short question in the present proceedings is to order
passed by the Goa Real Estate Regulatory Authority [Goa
RERA Authority for short] on 23.04.2024 thereby rejecting
the application filed by the Petitioner for extension of one
year as provided under Section 6 (proviso) of the Real Estate
(Regulation and Development) Act, 2016 [RERA Act 2016 for
short].
6. Mr. Lawande learned counsel for the Petitioner would
submit that the Petitioner applied for registration under the
RERA Act and by such application he has disclosed that he
18th September, 2024
will be completing the project on or before 31.12.2027.
7. Mr. Lawande would submit that the Petitioner has
applied for revised plans as well as for environmental
clearance for which fresh permissions are required.
8. He submits that because of subsequent developments
there is a possibility of delay in the project which may not be
completed by the period disclosed earlier. Accordingly, he
applied for extension of registration on 06/02/2024 under
Section 6 of the said Act. However, the concerned Goa RERA
Authority vide order dated 23.04.2024 rejected such
extension on the ground that as per the Circular dated
17/01/2020, the Petitioner has to apply to the Goa RERA
Authority only three months prior to the expiry of the period
of validity of registration.
9. Mr. Lawande would submit that the proviso to Section
6 contemplates a personal hearing before deciding such
application for extension. However, no such hearing was
given.
10. Mr. Lawande submits that even the Circular dated
17/01/2020, has been wrongly interpreted as it says that the
Petitioner has to apply atleast three months prior to the
18th September, 2024
validity of the registration. He submits that the Petitioner
has applied well in advance since he has already applied for
revision of the plans, which may delay the project and it will
not be possible for the Petitioner to complete it on or before
December, 2027.
11. Ms. Correia, learned Additional Government Advocate
appearing for the Respondent No. 2 would submit that the
Government has published the Extension of Registration of
Real Estate Project by the Goa Real Estate Regulatory
Authority Regulations 2021, with regard to the extension of
registration of real estate project. As per the said regulation,
the Applicant/Promoter has to apply atleast three months
prior to the validity of the registration period for extension as
provided under Section 6.
12. She fairly submits that before passing the impugned
order dated 23.04.2024, no personal hearing was given to
the Petitioner.
13. The Regulation No. 4 provided that the Promoter shall
apply atleast three months prior to the validity period expires
and only in exceptional and unforeseen circumstances the
said period of three months may be waived by the Authority.
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14. Thus, the application filed by the Petitioner is well in
advance and the word "atleast" found in Regulation No. 4
has to be properly interpreted. The application filed by the
Petitioner is clearly coming within the Regulation No. 4.
15. However, since no personal hearing was given to the
Petitioner before rejecting his application, the matter needs
to be remanded to the concerned Authority to decide the
application filed by the Petitioner afresh and by giving
personal hearing as found mentioned under Section 6
(Proviso) of the RERA Act, 2016.
16. Accordingly, the impugned order is hereby quashed
and set aside. The matter is remanded to Goa RERA
Authority for deciding the application afresh and by giving
an opportunity of personal hearing to the Petitioner. While
doing so Authority shall take into consideration the
Regulation 2021 framed by the RERA and notified by the
Government with regard to extension of time.
17. Rule is made absolute in above terms.
BHARAT P. DESHPANDE, J.
18th September, 2024
