MahaRERA Rejects Plea To Cancel Pratham Infra's 'Anantham' Project In Borivali Over Title Dispute

Shivani Ps

4 Dec 2025 10:42 PM IST

  • MahaRERA Rejects Plea To Cancel Pratham Infras Anantham Project In Borivali Over Title Dispute

    The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint seeking cancellation of the registration of “Anantham,” a redevelopment project in Borivali, after finding that the objections raised by the complainant revolved around a long-running dispute over who owns the land. In an order dated December 2, 2025, Member Mahesh Pathak rejected complainant...

    The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint seeking cancellation of the registration of “Anantham,” a redevelopment project in Borivali, after finding that the objections raised by the complainant revolved around a long-running dispute over who owns the land.

    In an order dated December 2, 2025, Member Mahesh Pathak rejected complainant Savji Waghela's plea to freeze the project's bank accounts, halt sales, refund buyers and revoke the project's registration. The authority said these requests were rooted entirely in a title dispute that must be resolved before any question of project registration can be examined.

    "RERA does not confer jurisdiction upon the MahaRERA to adjudicate disputes relating to title or ownership of immovable property. Such disputes are civil in nature and fall within the exclusive jurisdiction of competent civil courts. Therefore, the present complaint, which essentially raises issues of ownership and title, is prima facie not maintainable before the MahaRERA under the provisions of the RERA”, the authority held.

    Waghela had approached MahaRERA on June 18, 2025, alleging that the project's developer Pratham Infra Developers had fraudulently obtained registration for Anantham by misrepresenting ownership of the plot. Claiming to be a co-owner, he relied on an interim order of the City Civil Court, Dindoshi, which he argued acted as a stay on the entire development. He sought cancellation of the registration under Section 5 of the RERA Act.

    Pratham Infra Developers opposed the complaint, maintaining that the sole owner of the land is Indrapuri Co-operative Housing Society Ltd., based on a registered deed that has repeatedly been litigated in the past by Waghela's predecessors. The developer said Waghela had no locus standi, no privity of contract, and no right, title or interest in the project land.

    MahaRERA noted that the complainant's challenge stemmed from the ongoing civil litigation over ownership of the plot , a dispute already before another court. It recorded that the developer had disclosed this pending litigation in the project's MahaRERA profile and that Waghela had not produced any cogent documentary evidence to show any violation of Section 7 of the Act that would justify revocation.

    Finding the complaint prima facie not maintainable, the authority dismissed it on both maintainability and merits, while granting liberty to initiate fresh proceedings if a competent authority later cancels or sets aside the commencement certificate for Anantham.

    Case Title: Om Savji Waghela v. Pratham Infra Developers Mumbai

    Complaint No.: CC12501990

    For Complainant: Advocate Kamlesh Yadav 

    For Respondent: Advocate Faizan Shaikh 

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