MahaREAT Orders Full RERA Registration for Stalled Neelkanth Kingdom Project in Vidyavihar

After a six-year legal battle, a single flat owner has secured a landmark ruling from the Maharashtra Real Estate Appellate Tribunal (MahaREAT), directing the developers of the stalled Neelkanth Kingdom project in Vidyavihar West to register the entire project under the Real Estate (Regulation and Development) Act, 2016 (RERA) within 60 days.

The order overturns a June 18, 2019, decision of the Maharashtra Real Estate Regulatory Authority (MahaRERA), which had held that only the project’s balance amenities required registration.

The appellate tribunal has now ruled that where completion and occupation certificates remain pending and construction is incomplete, the entire project must be treated as an “ongoing project” under RERA, regardless of when construction began. Advocate Awadhesh Jha, who represented the flat owner solicitor Stuti Galiya before MahaREAT, said the ruling reinforces RERA’s intent.

“This judgment makes it clear that developers cannot escape accountability merely because some buildings were occupied before RERA came into force,” Jha said, adding that the order could have wide implications for several pre-2017 projects across Maharashtra.

Neelkanth Kingdom comprises seven residential buildings developed on land leased by the Suburban Collector to M/s Vidyavihar Containers Ltd. The project was launched in 2005, with possession promised in 2008. However, internal disputes among the developer partners stalled construction until 2010, according to the petitioner. Although the structures were largely completed by 2012-13, buyers were handed only “fit-out possession” under mounting legal pressure. To date, none of the buildings have received completion or occupation certificates, and key amenities such as the clubhouse, temple, and swimming pool remain unfinished. An FIR was registered against the developers earlier, and the criminal case is currently under trial.

The appeal before MahaREAT was filed by solicitor Stuti Galiya, a flat owner in the project, who challenged the MahaRERA order passed in 2019. Remarkably, she pursued the case alone, even as nearly 499 other flat owners and seven housing societies chose not to join the legal proceedings. “What should have been a collective fight for legality and safety became a solitary struggle,” Galiya said. “We were fighting 11 developer respondents, most of them large corporate entities, represented by some of the country’s leading law firms.”

The MahaREAT ruling comes amid serious safety concerns at Neelkanth Kingdom. Around 374 flat owners currently face criminal proceedings in the Shindewadi Metropolitan Magistrate Court, Dadar East, for occupying flats without an occupation certificate. The complex has witnessed three major fire incidents in the past nine months, one of which claimed the life of a security guard and injured several residents and staff. “These repeated incidents show that the buildings are not fit for human habitation,” Galiya said. Occupation without statutory approvals places residents, visitors, staff, and emergency responders at serious risk, she added.

The concerns echo recent observations of the Bombay High Court in the Wellington Heights case, where the court warned that occupation of buildings without OCs poses grave dangers and cannot be treated casually.

Legal experts say the MahaREAT judgment could serve as a major precedent, strengthening RERA’s reach over stalled and incomplete pre-2017 projects. Once registered, developers will be compelled to: Complete pending amenities within fixed timelines, rectify regulatory violations, hand over lawful possession, and face penalties and compensation claims in case of default. “This 32-page order gives real teeth to RERA,” Galiya said. “It sends a strong message that developers cannot hide behind technical loopholes.”

For hundreds of residents at Neelkanth Kingdom, the ruling offers a rare glimmer of hope after years of uncertainty. At the same time, it highlights a stark reality — that the fight for safety and legality was carried forward by a single flat owner. “As this case shows, silence has a cost,” Galiya said. “Justice may prevail, but collective inaction can push entire communities towards irreversible risk.”

For Stuti Galiya and her family, the fight for justice at Neelkanth Kingdom has been a lonely battle. While the stalled project has affected more than 500 flat owners, she took on 11 powerful developers, represented by top legal firms, entirely on her own. According to case records, she also faced resistance from within the residential complex. Stuti alleges that she was denied basic society membership rights, share certificates, and formal society communications by the office bearers of the housing society. She claims this was done deliberately to pressure her into withdrawing the legal cases she filed against the developers and certain residents before various courts, including MahaREAT.

Court battles for securing an Occupation Certificate were weakened by collective inaction, even as 374 flat owners continue to face BMC cases and serious fire safety hazards. Stuti’s struggle underscores how justice can sometimes rest on the courage of a single family. She says she is prepared to continue the fight until justice is fully served.

2008 Year Neelkanth Kingdom project’s possession was promised in