MARVEL LANDMARKS PVT. LTD. vs THE STATE OF MAHARASHTRA AND ORS

Judgment text excerpt

901-F-J-WP-12121-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12121 OF 2024 Marvel Landmarks Pvt. Ltd. …Petitioner Versus The State of Maharashtra & Ors …Respondents Mr. Amit Gharat, for Petitioner. Mr. Abhishek Kothari a/w Monish Jain & Gaurav Nashikkar, i/b M J Partners, for Respondent No.5. Mr. R.S. Pawar, AGP for the Respondent-State. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : January 22, 2026 PRONOUNCED ON : April 7, 2026 Judgement: 1. Rule. Rule is made returnable forthwith. By consent of the parties, heard finally. Context and Factual Background: 2. The Writ Petition raises an interesting question as to whether an order dated December 17, 2019 (“ Impugned Order”) passed by the Learned Adjudicating Officer of the Real Estate Regulatory Authority Digitally ASHWINI signed by ASHWINI JANARDAN (“Authority”), is rendered non est by reason of the law declared by the JANARDAN VALLAKATI VALLAKATI Date: 2026.04.07 15:56:37 +0530 Supreme Court in 2021, interpreting the provisions of the Real Estate Page 1 of 38 April 7, 2026 Ashwini Vallakati 901-F-J-WP-12121-2024.doc (Regulation and Development) Act, 2016 (“ RERA Act”). The prayer in this Writ Petition is to quash and set aside the Impugned Order and another order dated October 8, 2021 (“ Recovery Order”) passed in recovery proceedings, on the premise that they are in conflict with the law subsequently declared by the Supreme Court. 3. The relevant facts for purpose of adjudicating this Petition fall in a rather narrow compass and are summarized below:- A] A Learned Adjudicating Officer of the Authority passed the Impugned Order directing refund of the amount of Rs.1,35,99,246/- along with interest @10.20% per annum paid to the Petitioner, Marvel Landmarks Pvt. Ltd.