Bombay High Court Orders MahaRERA to Resume Hybrid Hearings in 4 Weeks
The Bombay High Court has directed the Maharashtra Real Estate Regulatory Authority (MahaRERA) to resume hybrid hearings, allowing litigants to choose between physical and virtual appearances, within four weeks.
MahareraBombay High CourtHybrid HearingsReal EstateProcedural FairnessReal Estate MaharashtraJul 25, 2025
While hearing the case, a bench of Justice Revati Mohite Dere and Justice Neela Gokhale observed that the continued denial of physical hearings violates the fundamental principles of access to justice. The HC made it clear that procedural fairness includes allowing parties to choose their preferred mode of appearance, especially when both virtual and physical infrastructure is available.
“Access to justice is a constitutional guarantee and cannot be reduced to a mere formality,” the HC stated. “Tribunals must not only be accessible in form, but also in substance.”
Prior to the pandemic, MahaRERA conducted in-person hearings. While the shift to virtual proceedings during Covid-19 was justifiable, the bench found the ongoing virtual-only model procedurally restrictive and systemically opaque.
Mr. Desai's counsel argued that despite courtrooms and tribunals across India transitioning to a hybrid model post-Covid, MahaRERA continued with a rigid online-only setup, which compromised transparency and timely redressal. He also raised several operational challenges such as the absence of mechanisms for urgent mentioning, lack of clarity on hearing schedules, non-transparent uploading of orders, and limited communication channels.
Mr. Desai’s complaint emphasized how litigants were left uncertain about their case progress, with no clear timelines for order pronouncement and no effective way to interact with the authority.
The HC expressed dissatisfaction with MahaRERA’s defense that litigants could request a physical hearing and highlighted that such fundamental access should not be conditional. “The ‘either/or’ approach adopted by MahaRERA is restrictive. The hearing mechanism must be ‘hybrid’, permitting litigants or lawyers to choose the mode of appearance,” the bench held.
The HC also referred to the Supreme Court's ruling in Sarvesh Mathur vs Registrar General, Punjab and Haryana High Court, which mandated that all courts and tribunals must offer hybrid hearings, calling this integral to constitutional access to justice. Denial of physical appearance, despite available infrastructure, was found to be an unreasonable restriction.
The Bombay HC directed MahaRERA to restore hybrid hearing facilities within four weeks, ensuring that litigants and lawyers have the freedom to choose between physical and virtual appearances. This move aims to uphold procedural fairness and enhance access to justice.
The court also ordered MahaRERA to revise its April 2025 circular and existing standard operating procedures to establish clear mechanisms for urgent listing of matters, execution of non-compliance orders, and timely pronouncement of decisions. These changes are intended to streamline operations and provide more transparency in the functioning of the authority.
In addition, the HC mandated that MahaRERA maintain a register of all praecipes (an order requesting a writ or other legal document) submitted for urgent listing, including records of their acceptance or rejection, to ensure better tracking and accountability.
“All orders must henceforth be uploaded with a visible time-stamp. Hearings must be scheduled with fixed dates, and if adjourned, the subsequent date should also be indicated clearly,” the bench said.
To further improve accessibility, MahaRERA was instructed to update and maintain its website with accurate contact information, bench calendars, and regularly updated cause-lists in a transparent and user-friendly manner.
Frequently Asked Questions
What is MahaRERA?
MahaRERA stands for Maharashtra Real Estate Regulatory Authority. It is a regulatory body established to protect the interests of homebuyers and promote a transparent, healthy, and sustainable real estate market in Maharashtra.
Why did the Bombay High Court order MahaRERA to resume hybrid hearings?
The Bombay High Court ordered MahaRERA to resume hybrid hearings to restore procedural fairness and enhance access to justice. The court found that the continued reliance on virtual-only hearings, even after the pandemic, violated the principles of access to justice.
What are the key changes MahaRERA must implement?
MahaRERA must implement a hybrid hearing system, allowing litigants to choose between physical and virtual appearances. They must also revise their procedures to ensure clear mechanisms for urgent listing, execution of non-compliance orders, and timely pronouncement of decisions.
How will these changes benefit litigants?
These changes will benefit litigants by providing them with more flexibility and choice in how they participate in hearings. It will also enhance transparency and streamline operations, making the process more efficient and fair.
What is the significance of the Supreme Court's ruling in Sarvesh Mathur vs Registrar General?
The Supreme Court's ruling in Sarvesh Mathur vs Registrar General mandated that all courts and tribunals must offer hybrid hearings, emphasizing that this is integral to constitutional access to justice. This ruling supports the Bombay High Court's decision to order MahaRERA to resume hybrid hearings.
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