January 29, 2026: After a prolonged six-year legal battle, the Maharashtra Real Estate Appellate Tribunal (MahaREAT) has delivered a significant ruling in favour of a lone flat owner, ordering the developers of the stalled Neelkanth Kingdom project in Vidyavihar West to register the entire project under the Real Estate (Regulation and Development) Act, 2016 (RERA) within 60 days. The decision overturns a June 18, 2019 order of MahaRERA, which had limited registration only to the project’s remaining amenities.
The appellate tribunal held that where construction remains incomplete and completion and occupation certificates are pending, the project must be treated as an “ongoing project” under RERA, irrespective of when it was launched. This interpretation significantly expands RERA’s applicability to pre-2017 developments.
Advocate Awadhesh Jha, representing flat owner and solicitor Stuti Galiya, said the ruling reinforces the law’s core intent. “This judgment makes it clear that developers cannot escape accountability merely because some buildings were occupied before RERA came into force,” he said, noting its wider implications for stalled projects across Maharashtra.
Launched in 2005 with possession promised by 2008, the Neelkanth Kingdom comprises seven residential buildings developed on leased land. Internal disputes stalled construction, and although structures were largely completed by 2012-13, buyers received only “fit-out possession”. To date, no completion or occupation certificates have been issued, and amenities such as the clubhouse, temple and swimming pool remain unfinished. An FIR has also been filed against the developers, with the case under trial.
Galiya pursued the appeal alone, even as nearly 499 other flat owners stayed away. “What should have been a collective fight for legality and safety became a solitary struggle,” she said, adding, “We were fighting 11 developer respondents, most of them large corporate entities, represented by some of the country’s leading law firms.”
The ruling comes amid grave safety concerns, including multiple fire incidents and criminal proceedings against residents for occupying flats without occupation certificates. “These repeated incidents show that the buildings are not fit for human habitation,” Galiya said.
Legal experts believe the judgment could set a strong precedent, compelling developers of stalled projects to complete amenities, rectify violations and face penalties. “This 32-page order gives real teeth to RERA,” Galiya said. “It sends a strong message that developers cannot hide behind technical loopholes.”
