MahaRERA Dismisses Complaint Against Pratham Infra, Says Cancellation Of ‘Anantham’ Project Cannot Be Sought On Title Disputes
Pranav B Prem
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint seeking cancellation of the registration of the redevelopment project “Anantham” in Borivali, along with a plea to freeze project accounts, halt sales, and refund money to homebuyers, after holding that the objections raised by the complainant centred exclusively on a title dispute that cannot be examined under the Real Estate (Regulation and Development) Act, 2016. The order dated December 2, 2025 was passed by Member Mahesh Pathak.
The complaint was filed by Om Savji Waghela, who alleged that Pratham Infra Developers Mumbai had fraudulently obtained MahaRERA registration for the project by misrepresenting ownership of the land. Claiming to be a co-owner of a 98.10 sq. mtrs. portion of the plot, the complainant relied on an interim order passed by the City Civil Court, Dindoshi, asserting that the order acted as a stay on the entire development. On this basis, he sought cancellation of the registration under Section 7 of the RERA Act, along with directions to freeze the developer’s bank accounts and refund money to purchasers.
The developer opposed the complaint and submitted that Indrapuri Co-operative Housing Society Ltd. is the sole owner of the 741.90 sq. mtrs. land forming the project site, based on a deemed conveyance order and a registered Deed of Unilateral Conveyance. It further stated that Waghela’s predecessors had repeatedly challenged the conveyance proceedings before civil courts but failed to secure any relief, and that Waghela was now attempting to obstruct redevelopment despite having no privity of contract or legal interest in the project land. The developer also pointed out that the pending litigation had been fully disclosed on the project’s MahaRERA profile, fulfilling statutory obligations under Section 4.
After hearing both sides, the Authority noted that the complaint was grounded entirely in an ownership dispute over a portion of the land. It recorded that although the complainant relied on an interim civil court order, the developer had clarified that the order pertained only to 98.10 sq. mtrs. and not the entire 740+ sq. mtrs. land parcel covered under the redevelopment. The Authority observed that RERA does not confer jurisdiction upon MahaRERA to adjudicate competing ownership claims or determine title to immovable property. Such disputes, it held, fall exclusively within the domain of competent civil courts.
The order stated that the complainant “has not produced any documentary evidence to show that the commencement certificate or the approvals granted to the project have been cancelled or set aside by any competent authority,” and that no violation of Section 7 was demonstrated. It held that the reliefs sought — including cancellation or revocation of the project registration — could not be considered unless a competent authority cancelled or suspended the project approvals. The Authority emphasized that when a complaint is rooted in a title dispute, MahaRERA cannot exercise jurisdiction.
Finding the complaint prima facie not maintainable, MahaRERA dismissed it both on the ground of lack of jurisdiction and on the merits. However, it granted liberty to the complainant to file a fresh complaint in the event that the commencement certificate issued to the developer is cancelled or set aside by a competent authority.
Cause Title: Om Savji Waghela v. Pratham Infra Developers Mumbai
Case No: CC12501990
Coram: Shri. Mahesh Pathak, Hon’ble Member – I/MahaRERA
