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The Bombay High Court has instructed MahaRERA to bring back hybrid hearings within four weeks, allowing parties to choose between physical and virtual appearances. This order came in response to a public petition that raised issues of stalled execution proceedings, missing timelines, and lack of urgent case listings. The court noted that denying physical hearings despite available infrastructure was unjustified and a violation of fair access to justice. It also directed MahaRERA to update its circular and procedures to include timestamped orders, clear scheduling, and greater transparency through published contact and hearing details. A compliance report is expected in the coming weeks.
The Bombay High Court has ordered the Maharashtra Real Estate Regulatory Authority (MahaRERA) to reinstate hybrid hearings giving litigants the option to attend either physically or virtually within the next four weeks. The court stressed that since both online and offline infrastructures are available, MahaRERA must allow parties to choose the mode of hearing. This flexibility had been in place before the pandemic and is essential for procedural fairness. Advertisement
The direction came in response to a public interest litigation filed by Mumbai resident Atul Bhosale, who highlighted the lack of physical hearings, the absence of a proper system for urgent matters, and unclear timelines for disposal. He pointed out that since March last year, execution proceedings were stalled and complainants were left with no proper mechanism to follow up on their cases. The court agreed that MahaRERA's current practice of online only hearings was unreasonable, especially when physical hearings were already happening in other forums.
The division bench, comprising Justices Revati Mohite Dere and Manjusha Deshpande, referred to Supreme Court observations on the importance of access to justice and the right to choose how to participate in hearings. They stated that while virtual hearings were necessary during COVID?19, continuing with a digital-only format when physical facilities are available amounts to restricting litigants' rights without justification.
The court also directed MahaRERA to revise its April 2024 circular and associated standard operating procedures. Several key measures have been mandated such as creating a register to track and upload urgent filings, assigning fixed hearing dates, uploading all orders with timestamps in a timely manner and publishing updated contact information, daily cause lists, and monthly bench calendars on its official website.
MahaRERA is required to submit a compliance report by early September, outlining the steps taken to meet the court's directives. The bench made it clear that the authority must prioritise transparency, accessibility, and timely case management.
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