Bombay High Court Orders MahaRERA to Reintroduce Physical Hearing Option
The Bombay High Court has directed the Maharashtra Real Estate Regulatory Authority (MahaRERA) to restore hybrid hearing facilities, allowing litigants to choose between physical and virtual appearances. This decision aims to ensure expeditious and transparent resolution of real estate disputes.
MahareraReal Estate DisputesHybrid HearingsBombay High CourtMaharashtraReal Estate MaharashtraJul 24, 2025
The Court emphasized that access to justice is not merely about providing virtual access but also ensuring that parties have the right to appear physically. It stated, “Access to justice cannot be reduced to an 'either/or' framework. The ‘either/or’ approach adopted by MahaRERA is restrictive. The hearing mechanism must be ‘hybrid’, permitting the litigants or lawyers to choose the mode of appearance/hearing.”
The petitioner argued that MahaRERA’s current model frustrated the objective of the Real Estate (Regulation and Development) Act, 2016, which mandates expeditious, transparent, and effective adjudication of real estate disputes. It was highlighted that there was no mechanism for urgent mentioning, no listing of cases in a time-bound manner, and that litigants often had no clarity on when orders would be pronounced or uploaded.
MahaRERA’s counsel argued that the parties can request physical hearings. The affidavit also cited the availability of an online complaint and listing module and stated that the Authority was trying its best to reduce pendency. However, the Court was unconvinced by this conditional stance. It held that litigants cannot be made to request what is already a fundamental part of access to justice.
Citing precedents, the Bench reiterated that hybrid hearings are now a part of the constitutional fabric of procedural access. Hence, it proceeded to issue the following directions:
- MahaRERA shall restore hybrid hearing facilities within four weeks, allowing litigants and counsel to opt for either physical or virtual appearance.
- The Authority must revisit its April circular, particularly concerning urgent listing of non-compliance matters, and evolve a mechanism for timely execution.
- A register of praecipes submitted for circulation, production, or urgent listing must be maintained along with records of their acceptance or rejection.
- Orders must be uploaded with a time-stamp and fixed dates must be assigned for hearings with the next date also indicated in case of adjournments.
- MahaRERA’s website must display updated contact information, cause-lists, and Bench calendars in a transparent and accessible manner.
Advocate Aseem Naphade, along with Chitrangada Singh instructed by Clove Legal, appeared for Mayur Desai. Additional Government Pleader Vaishali Choudhari, along with Additional Government Pleader Madhura Deshmukh, appeared for the State. Advocate Ravi Adsure, along with advocate AK Saxena, appeared for MahaRERA.
This decision is expected to significantly improve the efficiency and transparency of the real estate dispute resolution process in Maharashtra, ensuring that litigants have a fair and accessible means of seeking justice.
Frequently Asked Questions
What is the Real Estate (Regulation and Development) Act, 2016?
The Real Estate (Regulation and Development) Act, 2016, is a law enacted to protect home buyers and regulate the real estate sector in India. It aims to ensure expeditious, transparent, and effective adjudication of real estate disputes.
What is MahaRERA?
MahaRERA stands for Maharashtra Real Estate Regulatory Authority. It is the regulatory body responsible for implementing the Real Estate (Regulation and Development) Act, 2016, in the state of Maharashtra.
What are hybrid hearings?
Hybrid hearings are a combination of physical and virtual hearings. They allow litigants and their lawyers to choose between appearing in person or through a virtual platform, providing flexibility and accessibility in legal proceedings.
Why was the decision to restore hybrid hearings important?
The decision is important because it ensures that litigants have the right to choose the mode of appearance, whether physical or virtual. This enhances access to justice and improves the transparency and efficiency of the dispute resolution process.
What changes will MahaRERA have to make according to the Court's directions?
MahaRERA will have to restore hybrid hearing facilities within four weeks, revisit its April circular for urgent listing of non-compliance matters, maintain a register of praecipes, upload orders with time-stamps, and ensure its website is transparent and accessible.
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