MahaREAT Imposes Penalty Of Rs. 5 Lakhs On Spenta Builders For Violating Airport Authority Of India Height Restrictions
Live LawMaharashtra Real Estate Appellate Tribunal comprising Justice Shriram R. Jagtap and Shrikant M. Deshpande imposed a penalty of Rs. The homebuyer contended that the builder violated many provisions of the RERA, 2016 by providing different possession dates to homebuyers and delivering possession of the flat to some homebuyers before obtaining the occupancy certificate. Therefore, the homebuyer filed a complaint before the authority, seeking a penalty on the builder for violating the provisions of the RERA, 2016 and the revocation of the project's registration. On the contention of the homebuyer that the builder had violated AAI height restrictions, the Tribunal noted that the original NOC from AAI dated 25.04.2011 allowed 5 years to complete the project with height restrictions, which the builder did not follow. On the builder's contention that their application for height clearance was pending, the Tribunal noted that the Municipal Corporation of Greater Mumbai had already taken action against the builder for unauthorized construction.