A major step in the judication to provide significant move by the Bombay High Court who has informed MahaRERA to restore the hybrid mode of hearings within four weeks.
According to the Court, the absence of this option violates the principles of natural justice and restricts accessibility, particularly in cases where parties lack the means or technological resources to attend virtual hearings.
Background of the Case
The petition raised serious concerns about pending execution and non-compliance proceedings that had been delayed due to the virtual-only system. For homebuyers and other interested parties who want regulatory orders to be enforced, these processes are essential. The Court observed that many people faced obstacles to justice as a result of MahaRERA’s current hearing structure, which restricted participation and openness.
The High Court observed that while virtual hearings have their benefits—especially in saving time and costs—they should not entirely replace physical hearings. A hybrid model, which combines the advantages of both systems, is more inclusive and ensures that all parties have equal opportunity to present their case effectively.
Directions from the Court
The Court not only ordered the reinstatement of hybrid hearings but also laid out several measures to streamline MahaRERA’s judicial processes:
– Implementation of Hybrid Mode: Within four weeks, MahaRERA must offer litigants the option to attend hearings physically or virtually.
– Urgent Case Mechanism: The authority has been asked to create a proper system for mentioning and listing urgent matters.
– Clear Timelines and Scheduling: In the event of adjournments, the next date must be declared on record to avoid uncertainty.
– Publication of Orders and Judgments: Reserved judgments and final orders must be published with timestamps to ensure transparency. Now MahaRERA will keep the records of all the vital case requests, to safeguarding priority matters are not delayed.
– Website Updates: The official MahaRERA website must be updated with current bench calendars, judge availability, and detailed cause-lists.
Implications for Homebuyers and Developers
This ruling is a welcome relief for countless homebuyers who had been struggling with delays in execution proceedings. It also sets a precedent for other regulatory bodies to adopt hybrid systems, combining the accessibility of virtual hearings with the robustness of physical court proceedings.
By mandating the return of hybrid hearings and improving procedural systems, the Bombay High Court has reinforced the importance of accessibility and fairness in quasi-judicial platforms like MahaRERA. This step not only benefits litigants but also enhances the overall efficiency of the regulatory framework governing real estate in Maharashtra.
Learn more about the legal and regulatory aspects of real estate in Mumbai with our program on Real Estate Bylaws and MCGM Approvals.
