MahaRERA Rejects Partial Deregistration of Real Estate Project in Nagpur
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has ruled that developers cannot partially deregister a real estate project on the grounds of financial non-viability. This decision comes after a developer constructing a mixed-use commercial and residential project in Nagpur’s MIHAN-SEZ approached the regulator seeking deregistration of the residential component, citing financial non-viability and zero bookings.
The case involves Nagpur-based real estate developer Moraj Infratech Private Limited, which sought deregistration of its residential building, Ganga. According to the developer, the project currently has zero bookings, as no units have been offered for sale. The commercial section of the project, comprising 37 units, was already substantially completed, with a part occupancy certificate (OC) granted on December 29, 2023. Out of these, 35 units had been sold, 32 agreements for sale executed, and possession had been handed over to buyers. In contrast, the residential wing had seen no bookings, prompting the developer to seek deregistration of the partial residential segment of the project. The developer also submitted that he had completed 35% of the work on the residential building.
In an order dated September 19, 2025, MahaRERA rejected the plea, stating that once a project is registered, it cannot be deregistered partially. According to MahaRERA, once a project is registered under Section 5 of the Real Estate Regulatory Act, a grant for registration is an acknowledgment by the authority of the developer's intent to start and complete a project, wherein the premises for which registration is sought would be handed over to the buyers.
MahaRERA emphasized that when a project registration number is given to a project, the project must then proceed and take a course as defined in the said Act. Finally, tangible premises should be delivered to the home buyers/allottees as promised. The grant of a project registration number is not a hypothetical exercise for complying with some statistical documentation.
The MahaRERA, in the order, stated, “Deregistration of part of a project registration cannot be made possible as there is no such thing as partially deregistering a part and keeping the remaining part valid and subsisting. Hence, the said deregistration application is rejected.” However, the RERA authority allowed the developer to make corrections for the deletion of the residential building.
In this regard, the order stated, “In order to protect the interests of the allottees of the said project, the Authority shall at this stage refrain from passing any order with regard to deregistration of the said project in toto or partially.” Furthermore, the order directed the developer to carry out the necessary correction process and comply with the mandate prescribed by MahaRERA in this regard. The Director Registration, MahaRERA, is to facilitate the correction process within a period of 60 days from the date of the correction application made by the developer in the said project.
