MahaREAT Directs Full RERA Registration for Stalled Legacy Project in Stuti Galiya vs. Neelkanth Kingdom Developers & Others

In a significant ruling from the Maharashtra Real Estate Appellate Tribunal that strengthens the regulatory reach of the Real Estate (Regulation and Development) Act, 2016 (RERA). The decision carries important implications for stalled or partially occupied projects launched prior to RERA’s enforcement, particularly those lacking statutory completion approvals.

The Maharashtra Real Estate Appellate Tribunal directed the developers of the Neelkanth Kingdom project at Vidyavihar, Mumbai, to register the entire project under RERA within 60 days. The project was launched around 2005, with possession originally promised much earlier, but delays and disputes led to prolonged non-completion. This direction reverses an earlier view that only balance amenities required registration, and firmly clarifies that where construction remains incomplete and statutory certificates are pending, the project qualifies as an “ongoing project” under RERA.

The Tribunal highlighted that the absence of Completion Certificates and Occupation Certificates is a decisive factor while determining the project’s legal status. Importantly, it rejected the argument that partial occupation prior to RERA is sufficient to avoid registration obligations.

This ruling has the potential to reshape compliance expectations for several pre-2017 developments that remain incomplete or continue without final approvals. From a regulatory standpoint, the decision reinforces that developers cannot rely on technical distinctions, such as early possession or partial occupancy, to dilute their statutory accountability.

Once registered under RERA, developers would be exposed to enforceable obligations, including:

• completion of pending amenities within defined timelines,
• adherence to planning and regulatory requirements, and
• lawful handover backed by statutory laws.

In conclusion, this decision is a strong reaffirmation of RERA’s core objective of ensuring transparency, timely completion, and accountability in real estate development. By holding that the absence of statutory completion and occupation certificates is determinative, the tribunal has clarified that developers cannot bypass registration obligations merely because portions of a project were occupied prior to RERA’s enforcement. The ruling will have wider implications for several pre-2017 projects that remain incomplete or continue without full approvals, and further, it strengthens the legal position of homebuyers seeking structured remedies under the RERA framework.