Following the Geetanjali case, the Maharashtra Real Estate Regulatory Authority (MahaRERA) issued circulars on 11 October 2019 and 9 June 2023, clarifying the interpretation of 'or' in RERA regulations. This article delves into the differences in state-le
ReraMahareraReal EstateGeetanjali CaseStatelevel DifferencesReal Estate MaharashtraFeb 17, 2025
MahaRERA, the Maharashtra Real Estate Regulatory Authority, is a statutory body established under RERA to regulate the real estate sector, ensuring transparency, accountability, and consumer protection in the state of Maharashtra.
The Geetanjali case highlighted several ambiguities in the interpretation of RERA regulations, particularly the use of the term 'or', and the need for clear guidelines to ensure uniform application of the law.
The circular dated 11 October 2019 provided initial guidance on the use of 'or' in RERA, stating that the term should be interpreted in a disjunctive sense, meaning any one of the conditions listed in the regulation could be met to satisfy the requirement.
The disjunctive interpretation allows developers to meet any one of the conditions listed in the regulation, while the conjunctive interpretation requires developers to meet all conditions. This leads to different levels of flexibility and stringency in regulatory compliance.
For developers, the differences can make compliance more complex and costly. For buyers, the implications include varying levels of transparency, regulatory standards, and property rights protection depending on the state.
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