Bombay High Court Orders MahaRERA to Restore Hybrid Hearings within 4 Weeks

The Bombay High Court has directed the Maharashtra Real Estate Regulatory Authority (MahaRERA) to reinstate hybrid hearings within four weeks, allowing parties to choose between physical or virtual appearances. This move aims to ensure better access to justice.

Bombay High CourtMahareraReal EstateHybrid HearingsAccess To JusticeReal Estate MumbaiJul 24, 2025

Bombay High Court Orders MahaRERA to Restore Hybrid Hearings within 4 Weeks
Real Estate Mumbai:Mumbai: In a significant ruling, the Bombay High Court has directed the Maharashtra Real Estate Regulatory Authority (MahaRERA) to restore hybrid hearings within four weeks. This decision will allow parties to opt for either physical or virtual appearances, enhancing access to justice. The court, comprising Justices Revati Mohite Dere and Neela Gokhale, emphasized that access to justice is not just about providing virtual access but also ensuring the right to appear physically.

The directive came in response to a petition filed by Mayur Desai, who urged the high court to expedite the final order in execution/non-compliance proceedings pending since March 2024. Desai also sought the restoration of hybrid hearings as practiced before the COVID-19 pandemic.

MahaRERA's advocate argued that if parties wish to appear physically, they can apply to the respective bench, which will consider their request. However, the judges expressed concern over the authority's continued insistence on a virtual-only mode, especially when all courts have adopted a hybrid model.

The court also directed MahaRERA to revisit its April 2025 circular and standard operating procedures, particularly focusing on mechanisms for urgent listing of matters, execution of non-compliance orders, mentioning of cases, and the pronouncement and publication of reserved orders.

This decision is expected to bring relief to many stakeholders in the real estate sector, who have been facing difficulties due to the virtual-only hearings. It aligns with the broader trend of courts and regulatory bodies moving towards hybrid models to ensure better access and convenience for all parties involved.

The Maharashtra Real Estate Regulatory Authority (MahaRERA) plays a crucial role in regulating the real estate sector in the state, ensuring compliance with the Real Estate (Regulation and Development) Act, 2016 (RERA). This act aims to promote transparency, accountability, and consumer protection in the real estate market. By reinstating hybrid hearings, MahaRERA will be better positioned to address the needs and concerns of developers, homebuyers, and other stakeholders effectively.

The high court's directive is a step towards ensuring that the regulatory framework remains flexible and responsive to the evolving needs of the real estate sector. It underscores the importance of balancing technological advancements with the traditional methods of legal proceedings to ensure fair and accessible justice for all.

Frequently Asked Questions

What is the Bombay High Court's directive to MahaRERA?

The Bombay High Court has directed MahaRERA to restore hybrid hearings within four weeks, allowing parties to choose between physical or virtual appearances.

Who filed the petition leading to this directive?

Mayur Desai filed the petition, urging the high court to expedite the final order in execution/non-compliance proceedings and to restore hybrid hearings.

What is the significance of hybrid hearings?

Hybrid hearings ensure better access to justice by allowing parties to choose between physical or virtual appearances, providing flexibility and convenience.

What is MahaRERA's role in the real estate sector?

MahaRERA regulates the real estate sector in Maharashtra, ensuring compliance with the Real Estate (Regulation and Development) Act, 2016 (RERA) to promote transparency, accountability, and consumer protection.

What did the court direct MahaRERA to revisit?

The court directed MahaRERA to revisit its April 2025 circular and standard operating procedures, focusing on mechanisms for urgent listing of matters, execution of non-compliance orders, mentioning of cases, and the pronouncement and publication of reserved orders.

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