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Mumbai: Erring builder gets 2 months to settle, or will lose property

Bombay HC say in case of non-execution of MahaRera order on recovery, tehsildar or revenue authority has power to attach and sell the property

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Gaurav Discovery, the incomplete tower, in Malwani, Malad

Gaurav Discovery, the incomplete tower, in Malwani, Malad

In a relief to litigants, a division bench of the Bombay High Court recently ordered a developer to come to a settlement with litigants, who had moved the court after the builder and revenue authorities did not execute MahaRera orders, within two months. The court order dated April 27 added that failing this timeline, the tehsildar or competent revenue authority would execute recovery warrant as per the provisions of the Maharashtra Land Revenue Code by attaching and subsequent selling of the said property in the next 15 days.

The court, while hearing a civil writ petition, also stated that there should not be any laxity on the part of the revenue authority in executing the recovery certificates.  Advocate Manish Gala, for petitioner Zaki Ansari, said, “The [MahaRera] orders are not executed by the revenue authority/tehsildar for years. The court in its order has made it clear that in case a settlement is not arrived at within 2 months, they need to sell the properties within 15 days. This will help deter any laxity in executing the orders.”

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