Can MahaRERA Order Demolition of Parking Space? Regulator Clarifies Jurisdiction in Mumbai Case

Mumbai, March 24: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has clarified that it lacks jurisdiction to order the demolition or reconstruction of car parking spaces, even if homebuyers allege violations of development control rules (DCR).

The ruling came while hearing complaints from two homebuyers who purchased flats in a Borivali project around four years ago. The buyers alleged that the mechanical stack parking provided was unusable due to inadequate space, improper dimensions, waterlogging, and limited manoeuvring area. They had paid ₹5 lakh each for parking and sought directions for the developer to demolish the existing system and construct a new one with 40 spaces in compliance with DCR norms.

The developer opposed the plea, arguing that the project had received an Occupation Certificate (OC) from the municipal authority in April 2021, confirming that construction, including parking, was approved as per sanctioned plans.

MahaRERA's Verdict

Dismissing the complaints, MahaRERA stated that its jurisdiction is limited to adjudicating violations under RERA and does not extend to examining the technical validity of sanctioned plans or compliance with DCR.

"The RERA does not confer jurisdiction upon MahaRERA to examine or re-adjudicate the technical validity of sanctioned plans, the legality of an OC, or compliance with Development Control Regulations," the authority stated in its order.

MahaRERA advised the complainants to approach the competent planning authority that issued the OC for redressal of their grievances.

What Legal Experts Say

Advocate Trupti Daphtary noted that a MahaRERA order from April 2024 mandates developers to specify complete parking space details in the Letter of Intent and Agreement for Sale. Homebuyers should ensure parking size details are expressly recorded before signing and verify conformity before taking possession.