Discuss Functions, Duties, Obligations and liabilities Of a promoter from

advertisement to completion of project under The Real state (Regulation and

Development) Act, 2016

Under The Real Estate (Regulation and Development) Act, 2016 (RERA), a
promoter refers to an individual, partnership firm, company, or any other entity
responsible for developing and promoting a real estate project. The Act aims to
protect the interests of homebuyers and regulate the real estate sector in India. Here
are the functions, duties, obligations, and liabilities of a promoter under RERA, from
advertisement to the completion of a project:

1. Advertisement and Prospectus:

- The promoter is responsible for ensuring that all advertisements, prospectus, and
other marketing materials related to the project are accurate, transparent, and do not
contain any misleading information.

- The advertisements and prospectus should prominently display the RERA

registration number of the project.

2. Registration of the Project:

- The promoter is obligated to register the real estate project with the respective
state's Real Estate Regulatory Authority (RERA) before advertising, marketing, or
selling any apartments or plots.

- The promoter must provide complete and accurate details of the project, including
land title, approvals, layout plans, financial statements, schedule of completion, and
other relevant information as prescribed by the Act.

3. Project Accounts and Escrow Account:

- The promoter is required to maintain a separate bank account, known as an

escrow account, for each project.

- The promoter must deposit at least 70% of the funds received from homebuyers
into the escrow account. This ensures that the funds are utilized only for the specific
project and not diverted elsewhere.

4. Obligation to Complete and Deliver:

- The promoter has a duty to complete the project within the agreed-upon time
frame mentioned in the registered agreement or as extended by the regulatory
authority.

- The promoter must deliver possession of the apartments or plots to the buyers as
per the agreed terms and conditions.
5. Quality of Construction:

- The promoter is responsible for ensuring that the construction is carried out in
compliance with the approved plans, specifications, and applicable building codes.

- The promoter must use standard-quality materials and adhere to the prescribed
standards of workmanship.

6. Rights and Obligations of Allottees:

- The promoter is obligated to provide the allottees with the necessary information
and documents related to the project, such as the layout plans, completion schedule,
stage-wise progress reports, etc.

- The promoter must rectify any structural defects or deficiencies brought to their
attention by the allottees within the specified time frame.

7. Title and Ownership of Land:

- The promoter must have a valid and marketable title to the land on which the
project is being developed.

- The promoter should provide the necessary documents and clearances related to
land ownership to the regulatory authority and the allottees.

8. Maintenance and Conveyance:

- The promoter is responsible for maintaining and managing the common areas,
facilities, and amenities of the project until the formation of a residents' welfare
association or society.

- The promoter must execute and register the conveyance deed in favor of the
allottees, transferring the common areas and facilities to the association or society.

9. Liability and Penalties:

- The promoter is liable for any loss or damage caused to the allottees due to false
or misleading advertisements, failure to complete the project, or any other violation
of the provisions of the Act.

- Non-compliance with the obligations and provisions of RERA may attract

penalties, which can include monetary fines, imprisonment, revocation of
registration, or any other actions as determined by the regulatory authority.
It's important to note that the specific functions, duties, obligations, and liabilities of a
promoter may vary based on the provisions of RERA, state-specific rules, and
regulations, and any subsequent amendments or notifications. Therefore, it

Q7) Discuss landlord’s duty to keep the premises in good repair & not to cuts
off or withhold essential supply or service.

Under the Maharashtra Rent Control Act, 1999, the landlord has certain duties and
obligations towards the tenant, including the duty to keep the premises in good repair
and not to cut off or withhold essential supply or service. Here is a detailed
discussion on these duties:

1. Duty to Keep the Premises in Good Repair:

- The landlord has a legal obligation to maintain the premises in a good state of
repair throughout the tenancy period.

- This duty includes ensuring that the structure, walls, roof, plumbing, electrical
systems, and other essential elements of the premises are in proper working
condition.

- The landlord should address any repairs or maintenance issues promptly to

ensure the tenant's safety, comfort, and proper use of the premises.

2. Essential Supply or Service:

- Essential supply or service refers to basic amenities necessary for the tenant's
occupation and enjoyment of the premises. It typically includes facilities such as
water, electricity, sanitation, and other essential utilities.

- The landlord cannot cut off or withhold essential supply or service without
reasonable cause or without the consent of the tenant.

3. Prohibition on Cutoff or Withholding of Essential Supply or Service:

- The landlord is legally prohibited from unreasonably cutting off or withholding

essential supply or service to the tenant.

- Even in cases where the tenant fails to pay rent or breaches any other terms of
the tenancy agreement, the landlord cannot take unilateral action to disrupt essential
services as a means of coercion or punishment.

4. Remedy for Tenant in Case of Cutoff:

- If the landlord unlawfully cuts off or withholds essential supply or service, the
tenant has the right to seek legal recourse.
 - The tenant can approach the Rent Control Court or appropriate authority under
the Maharashtra Rent Control Act, 1999, to file a complaint against the landlord for
such actions.

- The court has the power to issue appropriate orders directing the landlord to
restore the essential supply or service and may also award compensation or
damages to the tenant for any inconvenience or losses suffered.

It's important to note that the specific duties and obligations of the landlord may vary
depending on the terms of the tenancy agreement, local regulations, and any
specific conditions agreed upon between the landlord and tenant. Additionally, it is
advisable for both landlords and tenants to document the condition of the premises
before the tenancy begins through a detailed inspection and inventory report. This
can help in resolving any disputes related to repairs or maintenance during or at the
end of the tenancy.

Q8) Who is Promoter ? Explain the General Liabilities of Promoter under The
Maharashtra Ownership Flats Act, 1963.

Under The Maharashtra Ownership Flats Act, 1963 (MOFA), a promoter refers to an
individual, firm, company, or any other entity responsible for constructing or
converting a building into apartments or flats and selling them to prospective buyers.
The promoter plays a pivotal role in the development and sale of flats under MOFA.
Here is an explanation of the general liabilities of a promoter under the Act:

1. Obligation to Make Full and True Disclosure:

- The promoter is required to make full and true disclosure of all relevant
information pertaining to the project to the potential flat buyers.

- This includes details about the title of the land, approvals and permissions
obtained, specifications of the building, amenities, layout plans, possession date,
and any other information that may affect the decision of the buyer.

2. Adherence to Approved Plans and Specifications:

- The promoter is responsible for constructing the building in accordance with the
approved plans and specifications.

- Any changes or alterations made to the plans must be duly approved by the
appropriate authorities and communicated to the flat buyers.

3. Providing Timely Possession:

 - The promoter has an obligation to complete the construction of the project within
the specified time frame mentioned in the agreement or as communicated to the
buyers.

- The promoter must hand over possession of the flats to the buyers as per the
agreed-upon schedule.

4. Construction Standards and Quality:

- The promoter is liable for ensuring that the construction of the building is carried
out in compliance with the prescribed standards, regulations, and building codes.

- The promoter should use quality materials, employ skilled workers, and maintain
proper workmanship to ensure the structural integrity and safety of the building.

5. Liability for Defects:

- The promoter is liable for any structural defects, workmanship issues, or other
deficiencies in the construction for a specified period after possession.

- If any defects or deficiencies are brought to the promoter's attention within this
period, it is the promoter's responsibility to rectify them in a timely manner.

6. Escrow Account and Utilization of Funds:

- The promoter is required to establish a separate bank account, known as an

escrow account, for each project.

- The promoter must deposit all funds received from the buyers into this account
and utilize them exclusively for the purpose of the construction and development of
the project.

7. Title and Conveyance:

- The promoter must have a clear and marketable title to the land on which the
project is being developed.

- Upon completion of the project, the promoter is obligated to execute and register
the conveyance deed in favor of the respective flat buyers, transferring the
ownership and title of the flats to them.

8. Compliance with Legal and Regulatory Requirements:

- The promoter is responsible for complying with all the legal and regulatory
requirements related to the construction and sale of flats.
 - This includes obtaining necessary approvals, licenses, clearances, and
complying with any other obligations imposed by the relevant authorities.

9. Liability for Misrepresentation or Non-Compliance:

- The promoter is liable for any misrepresentation of facts or non-compliance with

the provisions of MOFA.

- In case of such misrepresentation or non-compliance, the affected flat buyers

have the right to seek appropriate legal remedies, including seeking compensation or
damages.

It's important to note that the liabilities of a promoter under MOFA can be further
elucidated through specific provisions of the Act and relevant court judgments.
Therefore, it is advisable to refer to the Maharashtra Ownership Flats Act, 1963 and
consult with legal experts for precise and updated information on the liabilities of a
promoter under the Act.

Q9) Write a detailed note on Content of Development Plan under The

Maharashtra Regional and Town Planning Act, 19667)

Under The Maharashtra Regional and Town Planning Act, 1966, a Development
Plan is a crucial instrument for planned development of land in the state of
Maharashtra. It serves as a blueprint for the regulated and systematic development
of an area, including urban, rural, or any other designated zones. The content of a
Development Plan encompasses various aspects and considerations, which are
outlined below:

1. Zoning and Land Use:

- The Development Plan designates different zones within the area, such as
residential, commercial, industrial, recreational, and agricultural zones.

- It defines the permissible land use activities for each zone and sets regulations
and restrictions on the type of development and construction allowed in specific
areas.

2. Reservation of Land:

- The Development Plan identifies and reserves land for public purposes, including
schools, hospitals, parks, playgrounds, community centers, public utilities, and
transportation infrastructure.

- It also reserves land for development projects that may be undertaken by public
agencies or the government for the welfare and benefit of the community.
3. Road Networks and Transportation:

- The Development Plan includes provisions for road networks, highways, flyovers,
and transportation infrastructure.

- It outlines the proposed road alignments, road widening projects, and

transportation facilities to ensure smooth connectivity within the area and to
neighboring regions.

4. Housing and Residential Development:

- The Development Plan addresses the housing needs of the population by

allocating land for residential purposes.

- It defines the density of housing development, the type of housing units (such as
apartments, bungalows, or row houses), and provisions for affordable housing or
housing for economically weaker sections of society.

5. Environmental Considerations:

- The Development Plan takes into account environmental factors and aims to
promote sustainable development practices.

- It identifies environmentally sensitive areas, such as ecologically important zones,

forests, water bodies, and coastal areas, and imposes regulations to protect them
from adverse impacts of development activities.

6. Infrastructure and Utilities:

- The Development Plan includes provisions for infrastructure development, such

as water supply, sewage and drainage systems, solid waste management, electricity
supply, and telecommunications.

- It ensures that adequate infrastructure and utilities are planned and provided to
support the anticipated population and development in the area.

7. Heritage and Cultural Conservation:

- The Development Plan may include provisions for the preservation and
conservation of heritage structures, sites of cultural significance, and areas with
architectural or historical value.

- It aims to protect and promote the heritage and cultural identity of the region by
imposing regulations on development activities in these areas.
8. Implementation and Phasing:

- The Development Plan may outline a phased approach for the implementation of
various projects and development activities.

- It sets timelines, targets, and priorities for the execution of different components
of the plan, taking into consideration the availability of resources and infrastructure
requirements.

9. Public Participation and Stakeholder Consultation:

- The Development Plan encourages public participation and stakeholder

consultation during its formulation and revision processes.

- It provides opportunities for the public, community organizations, and

stakeholders to provide inputs, feedback, and suggestions to ensure that the plan
reflects the aspirations and needs of the local population.

The content of a Development Plan may vary depending on the specific

requirements, priorities, and characteristics of the area being planned. The
Maharashtra Regional and Town Planning Act, 1966 provides the framework for the
preparation, approval, and implementation of Development Plans in Maharashtra,
and it is essential to refer to the act and associated rules and regulations for a
comprehensive understanding of the content and process of developing a
Development Plan.

Q10) Write short notes on any three :&

a) Define the term “Landlord” under Maharashtra Rent Control Act, 1999
Under the Maharashtra Rent Control Act, 1999, the term "Landlord" is defined
as follows:

According to Section 5(3) of the Maharashtra Rent Control Act, 1999, "Landlord"
means any person who, for the time being, is receiving, or is entitled to receive, the
rent of any premises, whether on his own account or on behalf or for the benefit of
any other person, or as a trustee, guardian or receiver for any other person or who
would so receive the rent or be entitled to receive the rent, if the premises were let to
him.

In simple terms, a landlord is the person who is currently receiving or entitled to

receive the rent for a premises. The definition is broad and includes not only the
actual owner of the premises but also any person who is authorized to receive the
rent on behalf of the owner, such as a trustee, guardian, or receiver. It covers both
individual landlords and landlords acting on behalf of other entities or persons.
It's important to note that the definition of a landlord may vary in different
jurisdictions, and it is advisable to refer to the specific provisions of the Maharashtra
Rent Control Act, 1999 for a precise understanding of the term in the context of the
Act.

b) Rights, duties and liabilities of allottees under RERA Act. 2016 .

Under the Real Estate (Regulation and Development) Act, 2016 (RERA), allottees
refer to individuals or entities who have purchased or booked a property from a
promoter. The Act provides various rights, duties, and liabilities for allottees to
ensure protection and transparency in real estate transactions. Here is an overview
of the rights, duties, and liabilities of allottees under the RERA Act:

Rights of Allottees:

1. Right to Information: Allottees have the right to obtain accurate and timely
information regarding the project, including details about the promoter, project plans,
approvals, layout, completion timeline, and specifications of the property.

2. Right to Obtain Promised Services: Allottees have the right to receive the property
as per the specifications and amenities promised by the promoter at the time of
booking.

3. Right to Rectification of Structural Defects: Allottees have the right to demand the
rectification of any structural defects or deficiencies in the property within a specified
period after possession.

4. Right to Compensation for Default: Allottees have the right to claim compensation
from the promoter for any delay in handing over possession of the property or for any
violation of the terms and conditions of the agreement.

5. Right to Refund and Withdrawal: Allottees have the right to seek a refund of the
amount paid along with interest and withdraw from the project if the promoter fails to
fulfill their obligations as per the agreement.

6. Right to Participate in the Association: Allottees have the right to participate in the
formation and functioning of an association or society for the maintenance and
management of common areas and facilities in the project.
Duties of Allottees:

1. Payment of Consideration: Allottees are responsible for making timely payments

to the promoter as per the agreed terms and conditions.

2. Compliance with Rules and Regulations: Allottees must comply with the rules,
regulations, and bylaws formulated by the association or society for the management
and maintenance of the property.

3. Maintenance of the Property: Allottees have the responsibility to maintain their

individual units and contribute towards the maintenance and upkeep of the common
areas and facilities in the project.

Liabilities of Allottees:

1. Liability for Non-Payment: Allottees may be held liable for any default in payment
or non-compliance with the payment schedule as agreed upon in the agreement.

2. Liability for Damage to Property: Allottees may be held liable for any damage
caused to the property due to their negligence or intentional actions.

3. Liability for Non-Compliance: Allottees are responsible for complying with the
terms and conditions of the agreement and any rules and regulations applicable to
the project.

It's important to note that the specific rights, duties, and liabilities of allottees may
vary from state to state, as each state has its own rules and regulations under the
RERA Act. It is advisable to refer to the provisions of the RERA Act and the relevant
state regulations for a comprehensive understanding of the rights, duties, and
liabilities of allottees in a particular jurisdiction.

c) Essential supplies and services under The Maharashtra Ownership flat 1963.

Under The Maharashtra Ownership Flats Act, 1963, essential supplies and services
refer to the basic facilities and amenities that are necessary for the proper use and
enjoyment of a flat in a cooperative housing society. These essential supplies and
services typically include:
1. Water Supply: Adequate and continuous water supply is essential for the
occupants of the flats. The cooperative housing society is responsible for ensuring a
proper water supply system, including storage, distribution, and maintenance of
water tanks, pipelines, and related infrastructure.

2. Electricity Supply: Uninterrupted and safe electricity supply is necessary for the
functioning of the flats. The cooperative housing society is responsible for
maintaining and managing the common electricity infrastructure, such as
transformers, electrical panels, meters, and distribution lines, to ensure the
availability of electricity to all the flats.

3. Sanitation and Sewage: The cooperative housing society is responsible for

providing and maintaining proper sanitation facilities, including toilets, drainage
systems, and sewage treatment, to ensure cleanliness and hygienic conditions within
the premises.

4. Elevators and Lifts: In multi-story buildings, elevators or lifts are essential for easy
access to different floors. The cooperative housing society is responsible for the
installation, maintenance, and safe operation of elevators or lifts, ensuring their
regular servicing and compliance with safety regulations.

5. Common Areas and Facilities: The cooperative housing society is responsible for
maintaining and managing the common areas and facilities within the premises. This
includes cleaning and upkeep of corridors, staircases, parking areas, gardens,
playgrounds, community halls, and any other shared amenities provided for the
benefit of the flat owners.

6. Security Services: The cooperative housing society may arrange for security
services to ensure the safety and security of the residents and the premises. This
may include employing security guards, installing surveillance cameras,
implementing access control systems, and other measures as deemed necessary.

If the landlord or the cooperative housing society cuts off or withholds any essential
supply or service without a reasonable cause, it is considered a violation of the
Maharashtra Ownership Flats Act, 1963. In such cases, the affected tenant or flat
owner has remedies available to them, including:
1. Filing a Complaint: The affected tenant or flat owner can file a complaint with the
appropriate authority or the Cooperative Court, seeking a direction to restore the
essential supply or service that has been cut off or withheld.

2. Legal Action: The affected tenant or flat owner may take legal action against the
landlord or the cooperative housing society for the violation of their rights. They can
approach the appropriate court to seek relief, including an injunction to restore the
essential supply or service and claim compensation for any damages suffered.

It's important to note that the specific provisions related to essential supplies and
services may vary based on the state and the governing laws. It is advisable to refer
to the provisions of The Maharashtra Ownership Flats Act, 1963 and any relevant
state regulations for a comprehensive understanding of the rights and responsibilities
of the parties involved regarding essential supplies and services in cooperative
housing societies.

d) .Contribution to common expenses, charge under The Maharashtra

Apartment Ownership Act, 1970.

Under The Maharashtra Apartment Ownership Act, 1970, every apartment owner in
a cooperative housing society is required to contribute to the common expenses of
the society. This contribution is commonly referred to as a "charge" and is levied on
the apartment owners to meet the expenses related to the maintenance,
management, and upkeep of the common areas and facilities.

The charge serves as a means to ensure that the financial burden of maintaining the
common areas and providing essential services is shared among all the apartment
owners in a fair and equitable manner. It is collected by the society's managing
committee or the association of apartment owners.

The charge levied under The Maharashtra Apartment Ownership Act, 1970 typically
covers various expenses, including but not limited to:

1. Maintenance and Repairs: The charge is used to fund the regular maintenance
and repair works required for the common areas, such as staircases, lobbies,
corridors, lifts, gardens, parking areas, and other shared facilities.

2. Security and Surveillance: The charge may be utilized to provide security services,
install and maintain surveillance systems, and implement access control measures
to ensure the safety and security of the residents and the premises.
3. Utilities and Services: The charge is used to cover the costs associated with
utilities and services provided to the entire building or complex, such as water
supply, electricity, common area lighting, garbage disposal, and sewage
management.

4. Administrative and Management Expenses: The charge is utilized to meet the

administrative and management expenses of the cooperative housing society,
including salaries of staff, insurance premiums, accounting and legal fees, property
tax, and other operating costs.

5. Reserve Fund: A portion of the charge may be allocated to a reserve fund, which
is maintained by the society to meet future expenses, such as major repairs,
replacements, or unforeseen contingencies.

The amount of the charge and the frequency of its collection are determined by the
managing committee or the association of apartment owners, in accordance with the
rules and regulations of the cooperative housing society. The charge is typically
calculated based on the area of each apartment or as per the agreed-upon formula
mentioned in the society's bylaws.

Failure to pay the charge by an apartment owner can result in consequences such
as penalties, interest charges, and even legal action by the society to recover the
outstanding amount. Non-payment of the charge may also lead to restrictions on the
usage of common facilities or services until the dues are cleared.

It is important for apartment owners to understand their obligations regarding the

contribution to common expenses and ensure timely payment of the charge to
maintain the smooth functioning and upkeep of the cooperative housing society as
per The Maharashtra Apartment Ownership Act, 1970.

e) Power to adjudicate compensation under RERA Act, 2016.

Under the Real Estate (Regulation and Development) Act, 2016 (RERA Act), the
authority responsible for adjudicating compensation claims is the Real Estate
Regulatory Authority (RERA). RERA has the power to adjudicate disputes and award
compensation to aggrieved parties in relation to real estate projects.

The RERA Act provides for the establishment of a State-level or Union Territory-level
Real Estate Regulatory Authority, which is responsible for the regulation and
promotion of the real estate sector in the respective jurisdiction. The authority is
headed by a Chairperson and consists of other members appointed by the
respective government.

The power to adjudicate compensation under the RERA Act is vested in the RERA
authority, and it can exercise this power in the following scenarios:

1. Delay in Possession: If a promoter fails to hand over possession of the property

within the agreed-upon time frame or the time frame specified in the agreement, the
allottee (buyer) is entitled to claim compensation for the delay. The RERA authority
has the power to determine the amount of compensation payable and direct the
promoter to pay the compensation to the allottee.

2. Default by Promoter: If a promoter defaults in fulfilling any obligation as per the

agreement or the provisions of the RERA Act, such as providing the promised
amenities, specifications, or services, the allottee can seek compensation for the
default. The RERA authority has the power to determine the compensation amount
and direct the promoter to pay it to the allottee.

3. Violation of Terms and Conditions: If a promoter violates any of the terms and
conditions of the agreement or any provision of the RERA Act, causing financial loss
or damage to the allottee, the allottee can claim compensation for such violation. The
RERA authority has the power to adjudicate such claims and award compensation
accordingly.

4. Any Other Disputes: The RERA authority has the power to adjudicate
compensation claims arising from any other disputes or grievances between the
promoter and the allottee, as long as they are related to the real estate project and
fall within the ambit of the RERA Act.

The RERA authority, while adjudicating compensation claims, takes into

consideration various factors such as the nature of the default or violation, the extent
of financial loss or damage suffered by the aggrieved party, and any other relevant
factors. The authority has the power to pass appropriate orders, including the
direction for the payment of compensation by the promoter to the aggrieved party.

It's important to note that the specific provisions regarding the power to adjudicate
compensation may vary from state to state, as each state has its own rules and
regulations under the RERA Act. It is advisable to refer to the provisions of the
RERA Act and the relevant state regulations for a comprehensive understanding of
the power of the RERA authority to adjudicate compensation claims in a particular
jurisdiction.
01) Who is Promoter? Discuss in detail the General Liabilities of Promoter
under the Maharashtra Ownership Flats Act, 1963.

02) Explain the procedure for Registration of Real Estate Agents and
Consequences of non Registration under the Real Estate (Regulation and
Development) Act. 2016:

Under the Real Estate (Regulation and Development) Act, 2016 (RERA Act), real
estate agents are required to register themselves with the respective State Real
Estate Regulatory Authority (RERA) to operate legally and provide services in the
real estate sector. The registration of real estate agents is aimed at bringing
transparency, accountability, and professionalism to the real estate industry. The
procedure for registration and the consequences of non-registration are as follows:

Procedure for Registration of Real Estate Agents:

1. Application Submission: The real estate agent needs to submit an application for
registration to the State RERA authority. The application should be in the prescribed
format and accompanied by the required documents, including identity proof,
address proof, and any other documents specified by the authority.

2. Fee Payment: The real estate agent is required to pay the registration fee as
specified by the respective state regulations. The fee may vary from state to state.

3. Verification and Processing: The State RERA authority verifies the application and
documents submitted by the real estate agent. The authority may conduct any
necessary inquiries or seek additional information for verification purposes. Once the
verification process is completed, the authority processes the application.

4. Grant of Registration: If the application is found to be complete and in compliance

with the requirements, the State RERA authority grants registration to the real estate
agent. A unique registration number is assigned to the agent, along with a
registration certificate.

Consequences of Non-Registration:

1. Prohibition on Practice: If a real estate agent operates without obtaining

registration under the RERA Act, he or she is prohibited from engaging in any real
estate brokerage activity. Non-registration can lead to the agent's inability to legally
offer services or conduct real estate transactions.
2. Penalty: Non-registration or contravention of the registration requirements can
attract penalties as prescribed by the RERA Act. The penalties may include a
monetary fine, which can vary based on the specific provisions of the Act and the
regulations of the respective state.

3. Ineligibility for Complaint Redressal: A non-registered real estate agent may be

ineligible to file complaints with the RERA authority or seek remedies under the Act.
This means that the agent may not be able to seek redressal for any grievances
related to real estate transactions.

4. Impact on Reputation: Operating as a real estate agent without registration can

significantly impact the agent's reputation and credibility in the industry. It may result
in a loss of trust among clients and potential customers.

It is important for real estate agents to comply with the registration requirements of
the RERA Act to ensure legal operation, protect their interests, and build a
professional reputation in the real estate sector. Non-registration can lead to legal
consequences and hinder the agent's ability to operate in the industry.

03) Define Standard Rent & Permitted Increase, When Court can fix the
Standard & Permitted Increase?

04) What is Development Plan? Discuss its contents and implementation of

Development Plan under The Maharashtra Regional and Town Planning Act
1966 ?

In the context of The Maharashtra Regional and Town Planning Act, 1966, a
Development Plan refers to a blueprint or master plan that guides the future
development and land use of a particular region or town. It is a comprehensive
document that outlines the proposed land use, infrastructure development, zoning
regulations, and other planning aspects for the designated area. The Development
Plan plays a crucial role in shaping the growth and development of urban and rural
areas in Maharashtra.

Contents of a Development Plan:

1. Zoning Regulations: The Development Plan designates various zones within the
area, such as residential, commercial, industrial, recreational, and agricultural zones.
It specifies the permissible land use activities in each zone and the development
regulations associated with them.
2. Land Use Allocation: The Development Plan allocates land for different purposes,
such as residential areas, commercial complexes, industrial estates, public utilities,
parks, open spaces, educational institutions, healthcare facilities, transportation
networks, etc.

3. Road Network and Transportation: It outlines the proposed road network,

including major roads, highways, and transportation infrastructure such as bridges,
flyovers, and public transportation facilities. The plan considers the existing and
future transportation needs of the area.

4. Infrastructure Development: The Development Plan includes provisions for

essential infrastructure like water supply, sewage and drainage systems, electricity
distribution, solid waste management, and other public utilities required to support
the development and population growth.

5. Environmental Considerations: The plan takes into account environmental factors

and conservation measures to protect natural resources, ecologically sensitive
areas, water bodies, and green spaces. It may include provisions for eco-sensitive
zones, green belts, and guidelines for sustainable development.

Implementation of a Development Plan:

1. Approval and Adoption: The Development Plan is prepared by the concerned

planning authority and goes through a process of public consultation and scrutiny.
After necessary revisions and modifications, the plan is submitted for approval to the
competent authority, such as the state government or the planning committee.

2. Land Acquisition and Reservations: Once the Development Plan is approved, the
planning authority acquires land, as per the provisions of the plan, for public
purposes, such as roads, open spaces, and public facilities. It also reserves land for
future development needs and public projects.

3. Building Regulations and Permissions: The Development Plan provides the

framework for building regulations and permissions. Development proposals are
evaluated based on the plan's guidelines, and permissions are granted or denied
accordingly.

4. Monitoring and Amendments: The planning authority regularly monitors the

implementation of the Development Plan and may initiate amendments or
modifications based on changing circumstances, public feedback, or evolving
development needs.
5. Public Participation: The implementation of the Development Plan involves active
participation from various stakeholders, including government agencies, developers,
residents, and community organizations. Public awareness, participation, and
feedback are crucial for effective plan implementation.

The Maharashtra Regional and Town Planning Act, 1966, provides the legal
framework for the preparation, adoption, and implementation of Development Plans
in Maharashtra. The Act empowers planning authorities to create, update, and
enforce the plans, ensuring orderly development, infrastructure provision, and
sustainable growth in the designated areas.

5) Discuss in details Rights, Duties, Liabilities and Disabilities of an Apartment

owner Tenants and Users under the Maharashtra Apartment Ownership Act
1970

The Maharashtra Apartment Ownership Act, 1970 establishes the legal framework
for ownership and management of apartment properties in Maharashtra. It defines
the rights, duties, liabilities, and disabilities of apartment owners, tenants, and users.
Here are the key provisions under the Act:

Rights of Apartment Owners:

1. Ownership and Possession: Apartment owners have the exclusive right to own,
possess, and transfer their individual apartment units.

2. Common Areas and Facilities: Apartment owners have the right to use and enjoy
the common areas and facilities of the apartment complex, such as lobbies,
staircases, elevators, parking areas, gardens, and recreational spaces.

3. Voting Rights: Apartment owners have the right to vote in meetings of the
apartment owners' association or society. They can participate in decision-making
processes regarding the management and maintenance of the apartment complex.

4. Participation in Management: Apartment owners have the right to participate in the

management and administration of the apartment complex. They can serve on the
management committee and contribute to decision-making related to maintenance,
repairs, and other operational aspects.

Duties and Liabilities of Apartment Owners:

1. Payment of Maintenance Charges: Apartment owners are required to pay their
share of common expenses and maintenance charges as determined by the
apartment owners' association. Failure to pay the charges can lead to legal
consequences, including the imposition of penalties and potential restrictions on
certain rights.

2. Compliance with Bylaws and Rules: Apartment owners are obligated to comply
with the bylaws, regulations, and rules framed by the apartment owners' association
for the orderly conduct and management of the apartment complex.

3. Maintenance and Repairs: Apartment owners are responsible for maintaining and
repairing their individual apartment units. They are also responsible for the upkeep of
any fixtures, fittings, or improvements made within their units.

Rights and Liabilities of Tenants:

1. Occupancy Rights: Tenants have the right to occupy and use the apartment unit
as per the terms of the lease or tenancy agreement entered into with the apartment
owner.

2. Compliance with Bylaws and Rules: Tenants are required to comply with the
bylaws, regulations, and rules framed by the apartment owners' association. They
must adhere to the guidelines related to the use, maintenance, and conduct within
the apartment complex.

3. Payment of Rent: Tenants have the obligation to pay rent to the apartment owner
as per the terms of the lease agreement. Failure to pay rent can result in legal
consequences, including eviction.

4. Maintenance and Care: Tenants are responsible for the proper maintenance and
care of the apartment unit during their occupancy. They should report any damages
or maintenance issues to the apartment owner or the association, as applicable.

Rights and Duties of Users:

1. Use of Common Areas: Users, including guests or invitees of apartment owners or

tenants, have the right to use the common areas and facilities of the apartment
complex as per the regulations and guidelines established by the apartment owners'
association.
2. Compliance with Rules: Users are required to comply with the rules and
regulations set by the apartment owners' association. They must respect the rights
and privacy of other apartment owners and tenants.

Disabilities:

1. Restriction on Alterations: Apartment owners, tenants, and users are prohibited

from making any structural alterations or modifications to the apartment units or
common areas without the prior permission of the apartment owners' association or
the competent authority.

2. Non-compliance with Bylaws: Non-compliance with the bylaws, rules, and

regulations established by the apartment owners' association can lead to penalties,
fines, or other legal consequences.

It is important for apartment owners, tenants, and users to be aware of their rights,
duties, and liabilities under the Maharashtra Apartment Ownership Act, 1970.
Compliance with the provisions of the Act helps maintain a harmonious living
environment

(6) Discuss the Duties and Responsibilities of a Promoter under The

Maharashtra ownership Flats Act 1963.

Q7) What are the obligations of the promoter in respect of information contained in
advertisement or prospectus Issued by him for any the Real Estate project under the
Real Estate (Regulation & Development ) Act 2016.

Under the Real Estate (Regulation & Development) Act, 2016, the promoter of a real
estate project has certain obligations regarding the information contained in
advertisements or prospectuses issued by them. These obligations are aimed at
ensuring transparency and protecting the interests of buyers. Here are the key
obligations of a promoter in respect of the information contained in advertisements or
prospectuses:

1. Accurate and Verified Information: The promoter is obligated to provide accurate

and verified information in their advertisements or prospectuses. The information
should be true, clear, and not misleading.

2. Project Details: The promoter must include specific details about the real estate
project in the advertisements or prospectuses. This includes the layout plans,
building specifications, amenities, facilities, and common areas that will be provided
to the buyers.

3. Carpet Area Disclosure: The promoter is required to disclose the carpet area of
the apartments in the advertisements or prospectuses. The carpet area is the net
usable area of the apartment unit, excluding the thickness of walls and other
common areas.

4. Land Title and Approvals: The promoter must provide information regarding the
title of the land on which the project is being developed. They should also disclose
any encumbrances, legal disputes, or litigation related to the property. Additionally,
the promoter should mention the approvals, permissions, and clearances obtained
from the competent authorities for the development of the project.

5. Project Schedule and Completion Date: The promoter should specify the project
schedule and the expected date of completion in their advertisements or
prospectuses. This helps the buyers understand the timelines and plan their
investments accordingly.

6. Disclaimer Clause: The promoter is required to include a disclaimer clause in the

advertisements or prospectuses, stating that the information provided is subject to
change and should not be considered as a legal document or a binding commitment.

7. Website and Project Details: The promoter must provide the website address of
the project, where buyers can access additional information and updates related to
the project.

It is important for the promoter to ensure that the information provided in the
advertisements or prospectuses is accurate, verified, and consistent with the actual
project details. Any false or misleading information can attract penalties and legal
consequences under the provisions of the Real Estate (Regulation & Development)
Act, 2016. The objective is to safeguard the interests of buyers and promote
transparency in the real estate sector.

8) What is Relief against Forfeiture available under section 15 of the

Maharashtra Rent Control Act?

Under Section 15 of the Maharashtra Rent Control Act, 1999, the tenant has the right
to seek relief against forfeiture in certain circumstances. Relief against forfeiture
refers to the protection provided to a tenant when the landlord initiates legal
proceedings to terminate the tenancy and recover possession of the premises due to
a breach of the tenancy agreement. Here are the key aspects of relief against
forfeiture under Section 15:

1. Grounds for Relief: The tenant can seek relief against forfeiture if they are able to
satisfy the court that they have remedied the breach of the tenancy agreement for
which the landlord seeks to terminate the tenancy. The tenant must show that they
have paid or tendered the rent due and have complied with any other terms of the
tenancy agreement.

2. Application to the Court: To seek relief against forfeiture, the tenant must file an
application before the court within the prescribed time period. The court will then
assess the merits of the case and consider whether relief should be granted.

3. Court's Discretion: The court has the discretion to grant relief against forfeiture if it
is satisfied that the tenant has taken the necessary steps to remedy the breach and
there is no sufficient ground for eviction. The court will consider the facts and
circumstances of the case, including the nature of the breach, the tenant's conduct,
and the overall fairness of granting relief.

4. Conditions and Orders: The court may impose certain conditions while granting
relief against forfeiture. These conditions may include the payment of any
outstanding rent or arrears, the fulfillment of specific obligations mentioned in the
tenancy agreement, or any other terms deemed appropriate by the court.

5. Time Limit: It is important for the tenant to file the application for relief against
forfeiture within the prescribed time limit specified by the Act. Failure to file the
application within the specified time may result in the forfeiture of the tenant's right to
seek relief.

Relief against forfeiture provides an opportunity for the tenant to rectify any breaches
of the tenancy agreement and continue the tenancy. It serves as a safeguard to
protect tenants from losing their right to occupy the premises due to certain
violations, while also promoting fairness and providing an opportunity for resolution
between the landlord and the tenant.

9) What are the contents of deed of apartment under Maharashtra apartment

ownership Act 1970"

Under the Maharashtra Apartment Ownership Act, 1970, a deed of apartment is a

legal document that establishes the rights and obligations of the apartment owner.
The contents of a deed of apartment may vary based on specific circumstances and
the provisions of the Act, but typically include the following information:

1. Identification of the Property:

- Description of the property, including the name of the building or complex and its
location.

- Details of the apartment, such as the apartment number, floor, and dimensions.

- Mention of the common areas and facilities associated with the apartment.

2. Ownership and Title:

- Names and addresses of the previous owner (promoter) and the current
apartment owner.

- Statement confirming the transfer of ownership from the previous owner to the
current owner.

- Clear identification of the apartment being transferred, including its boundaries

and limitations.

3. Rights and Responsibilities:

- Statement of the rights, privileges, and interests of the apartment owner.

- Description of the common areas and facilities that the apartment owner has the
right to use and enjoy.

- Responsibilities and obligations of the apartment owner towards the management

and maintenance of the property.

4. Common Expenses and Charges:

- Provision for the contribution of the apartment owner towards common expenses
and charges, such as maintenance, repairs, and amenities.

- Mechanism for determining the proportionate share of the apartment owner in the
common expenses.

5. Restrictions and Limitations:

- Any restrictions or limitations on the use of the apartment or common areas.

- Regulations pertaining to alterations, renovations, or modifications to the

apartment.
6. Dispute Resolution:

- Provisions for the resolution of disputes, including the reference to arbitration or

legal remedies in case of disagreements.

7. Compliance with Laws and Regulations:

- Confirmation of compliance with all applicable laws, regulations, and provisions of

the Maharashtra Apartment Ownership Act, 1970.

It is important to note that the specific contents of a deed of apartment may vary
based on the individual circumstances of the property and the requirements of the
Act. It is advisable to consult with a legal professional or a qualified expert to ensure
that the deed of apartment accurately reflects the rights and obligations of the
apartment owner and complies with the provisions of the Maharashtra Apartment
Ownership Act, 1970.

short notes’

a) Historical background of the. Maharashtra Rent Control Act, 1999.

The Maharashtra Rent Control Act, 1999, is a legislation that governs the regulation
of rent and eviction of tenants in the state of Maharashtra, India. To understand its
historical background, we need to look back at the evolution of rent control laws in
India.

Rent control laws in India have a long history and can be traced back to the British
colonial era. The Rent Act of 1859 was the first legislation enacted to regulate rent
and tenancy in British India. Subsequently, various states in India, including
Maharashtra, enacted their own rent control laws to protect tenants from arbitrary
eviction and excessive rent increases.

In Maharashtra, the earlier rent control legislation was the Bombay Rents, Hotel and
Lodging House Rates Control Act, 1947. This act provided protection to tenants by
regulating the rent and restricting the grounds for eviction. However, over time, there
were concerns about the effectiveness of the law and the need for its reform.

The Maharashtra Rent Control Act, 1999, was enacted as a comprehensive

legislation to replace the outdated Bombay Rents, Hotel and Lodging House Rates
Control Act, 1947. The new act aimed to balance the rights and interests of both
landlords and tenants, while providing a fair and transparent framework for rent
control and eviction.
The Maharashtra Rent Control Act, 1999, introduced several significant changes
compared to the earlier legislation. It defined various terms related to rent and
tenancy, clarified the rights and obligations of landlords and tenants, specified the
procedures for determining standard rent and permitted increases, and established
the grounds and procedures for eviction.

The Act also sought to simplify and expedite the legal processes related to rent
disputes and eviction cases. It introduced the establishment of Rent Courts and Rent
Tribunals to handle such matters and provided for the appointment of Rent Officers
for the determination of standard rent and permitted increases.

The Maharashtra Rent Control Act, 1999, aimed to strike a balance between the
interests of landlords and tenants by providing fair and reasonable regulations. It
sought to ensure stability and affordability in the rental market while protecting
tenants from arbitrary eviction and rent exploitation.

It's important to note that the Maharashtra Rent Control Act, 1999, has undergone
amendments and modifications over the years to address changing social and
economic conditions. These amendments have further refined and strengthened the
provisions of the Act to better serve the interests of landlords and tenants in
Maharashtra.

b) Publication on website under RERA 2016 Act.

Under the Real Estate (Regulation and Development) Act, 2016 (RERA),
developers/promoters of real estate projects are required to make certain
publications on their websites. These publications serve the purpose of providing
transparency and ensuring that relevant information is easily accessible to
homebuyers and the public. Here are some key publications that developers are
required to make on their websites under RERA:

1. Project Details: Developers must publish comprehensive details about the real
estate project on their website. This includes information such as the project's name,
address, layout plans, development plans, specifications of the proposed buildings,
common areas, and amenities.

2. Promoter Information: Developers need to provide information about themselves,

such as their name, address, contact details, and details of their registration with the
regulatory authority.
3. Registration Certificate: The developer must publish the registration certificate
issued by the regulatory authority for the real estate project. This certificate signifies
that the project has complied with the necessary requirements and is approved for
development.

4. Project Timeline: Developers are required to publish the expected timeline for
completing the project. This helps buyers in understanding the estimated delivery
date and managing their expectations.

5. Agreement for Sale: Developers must publish a copy of the agreement for sale
that will be signed with the homebuyers. This agreement should contain all the
relevant terms and conditions of the sale, including the price, possession date,
payment schedule, and other obligations of both the developer and the buyer.

6. Carpet Area Details: The developer is required to disclose the carpet area of the
apartments in the project. Carpet area refers to the actual usable area within the
walls of the apartment and excludes the thickness of the walls.

7. Quarterly Updates: Developers need to provide regular updates on the progress of

the project. These updates should include details of the construction status,
approvals obtained, any modifications made to the original plan, and other relevant
information.

8. Financial Details: Developers must disclose the financial details of the project,
including the sources of funds used for the project's development, details of any
pending litigation or encumbrances on the project, and the estimated cost of
construction.

The above publications on the developer's website aim to enhance transparency and
provide important information to prospective buyers. Homebuyers can refer to these
publications to make informed decisions and have a clear understanding of the real
estate project they are interested in. It is important for developers to ensure that the
information published on their website is accurate, up to date, and in compliance with
the provisions of the RERA Act.
c) offences and Penalties by promoter and real estate agents under RERA 2016
Act

The Real Estate (Regulation and Development) Act, 2016 (RERA) includes
provisions for offenses and penalties that can be imposed on promoters and real
estate agents for non-compliance with the provisions of the Act. Here are some key
offenses and penalties under RERA:

Offenses by Promoter:

1. Non-registration: If a promoter fails to register a real estate project with the

regulatory authority, they can be penalized with imprisonment for up to three years or
a fine of up to 10% of the project cost, or both.

2. Misrepresentation: If a promoter provides false information, misrepresents facts,

or makes any false promises regarding the project, they can be penalized with
imprisonment for up to five years or a fine of up to 10% of the project cost, or both.

3. Delayed Possession: If a promoter fails to deliver the possession of the property

within the agreed timeframe, they can be penalized with imprisonment for up to one
year or a fine of up to 10% of the project cost, or both.

4. Violation of Project Plans and Specifications: If a promoter fails to adhere to the

approved plans and specifications of the project, they can be penalized with
imprisonment for up to three years or a fine of up to 10% of the project cost, or both.

Offenses by Real Estate Agents:

1. Non-registration: If a real estate agent operates without obtaining registration with

the regulatory authority, they can be penalized with imprisonment for up to one year
or a fine of up to 10% of the property cost, or both.

2. Misrepresentation: If a real estate agent provides false information or

misrepresents facts about the project or property, they can be penalized with
imprisonment for up to one year or a fine of up to 10% of the property cost, or both.

3. Unauthorized Advertisement: If a real estate agent advertises a project without

obtaining necessary approvals or promotes projects that are not registered under
RERA, they can be penalized with imprisonment for up to one year or a fine of up to
5% of the property cost, or both.
4. Non-compliance with Orders: If a real estate agent fails to comply with the orders
or directions of the regulatory authority or the appellate tribunal, they can be
penalized with imprisonment for up to one year or a fine of up to 5% of the property
cost, or both.

It's important to note that the penalties mentioned above are subject to the provisions
of the respective state RERA rules. The regulatory authority or the appellate tribunal
has the power to determine the exact penalty based on the nature and severity of the
offense. The aim of these penalties is to ensure compliance with the provisions of
RERA and protect the interests of homebuyers in the real estate sector.

d) Repair & Re-entry under the Maharashtra Rent Control Act, 1999

Under the Maharashtra Rent Control Act, 1999, the landlord has the right to recover
possession of the premises in certain situations, including for repair and re-entry.
The provisions related to repair and re-entry are outlined in Section 15 of the Act.

1. Repair: If the premises require substantial repairs which cannot be carried out
without the tenant vacating the premises, the landlord can terminate the tenancy and
recover possession for the purpose of repair. The repairs must be necessary to
ensure the habitability, safety, or structural stability of the premises.

The procedure for recovering possession for repair involves the following steps:

- The landlord must serve a notice in writing to the tenant stating the intention to
carry out substantial repairs and requiring the tenant to vacate the premises within a
specified time.

- If the tenant fails to vacate the premises within the specified time, the landlord can
file an application before the Rent Court or Rent Tribunal seeking an order for
possession.

- The Rent Court or Rent Tribunal will consider the evidence and determine whether
the repairs are necessary and whether the tenant should be evicted for that purpose.

- If the Rent Court or Rent Tribunal is satisfied, it may pass an order for possession
in favor of the landlord.

2. Re-entry: If the tenant unlawfully remains in possession of the premises after the
termination of the tenancy, the landlord can re-enter the premises and take
possession. This typically occurs when the tenant fails to vacate the premises even
after the tenancy has been lawfully terminated.
The procedure for re-entry involves the following steps:

- The landlord must serve a notice in writing to the tenant informing them of the
termination of the tenancy and demanding possession of the premises.

- If the tenant refuses to vacate the premises, the landlord can file an application
before the Rent Court or Rent Tribunal seeking an order for possession.

- The Rent Court or Rent Tribunal will consider the evidence and determine whether
the tenancy has been lawfully terminated and whether the landlord is entitled to re-
entry.

- If the Rent Court or Rent Tribunal is satisfied, it may pass an order for possession
in favor of the landlord.

It's important to note that the landlord must follow the due process of law and obtain
a court order for possession before taking any action to recover possession. Self-
help measures, such as forcibly evicting the tenant or changing locks without a court
order, are not permitted under the Maharashtra Rent Control Act, 1999.