RERA – Developer should display Sanctioned Plans of the project at the Site
As per the latest Supreme Court Ruling on a RERA case – the Developer is bounded to display Plans Sanctioned by Authorities. It has to be put at the project at the Site.
In the case of Ferani Hotels Pvt. Ltd. V. The State Information Commissioner Greater Mumbai & Ors.
This case raised the issue of Disclosure under the Right to Information Act, 2005 (RTI) of plans submitted by developers of a project to the public authorities.
The Two-Judge Bench of the Supreme Court while pronouncing its verdict in the case made the following essential observations pertaining to Real Estate (Regulation and Development) Act, 2016 (RERA) and also the necessity to disclose all information in relation to a development project by the Developers.
- That the promoter, in terms of sub- section (3) of Section 11 of the RERA is required to make available to the allottee information about sanctioned plans, layout plans along with specifications, approved by the competent authority, by display at the site or such other place as may be specified by the Regulations made by the Authority. The Court emphasized on the fact that the whole object of RERA is clearly to bring greater transparency. Further, it was also stated that in order to make builders and developers accountable to the public, these documents need to be put in the public domain and do not constitute “personal information”.
- The Bench also stated that keeping in mind the provisions of RERA and their objective and in view of rampant violations of the provisions, it is advisable to issue directions for display of such sanction plan/layout plans at the site, apart from any other manner provided by the Regulations made by the Authority. This aspect should be given appropriate publicity as part of enforcement of RERA.
We at SN Legal Advocates & Solicitor, are equipped in dealing with Developers as well as Authorities on all matters pertaining to Real Estate. Please contact us for consultation.