MahaREAT - Society That Owns Land On Which It Is Established and Authorizes Developer For Redevelopment Falls Under Definition Of Promoter
Live LawMaharashtra Real Estate Appellate Tribunal, comprising Justice Shriram R. Jagtap and Shrikant M. Deshpande has held that society owning land and authorizing a developer for redevelopment falls under the definition of Promoter under Section 2 of RERA,2016. Issues before Tribunal 1.Whether Society falls under the definition of Promoter as defined under Section 2 of the RERA, 2016? Observation and Direction by Tribunal The Tribunal held that the society is a promoter because it invested its land in the project and authorized the developer to construct both the rehab and sale components, benefiting from the construction of the rehab building for its members. The Tribunal set aside the ₹15 lakh penalty imposed on the society, holding that there was no violation of Section 15 of the RERA Act, 2016.