Bombay High Court Directs MahaRERA to Reinstate Hybrid Hearings Within Four Weeks

In a landmark ruling, the Bombay High Court has instructed the Maharashtra Real Estate Regulatory Authority (MahaRERA) to reinstate hybrid hearing facilities within four weeks. This decision addresses long-standing concerns raised by litigants regarding procedural transparency, lack of urgency mechanisms, and denial of physical access despite the easing of COVID-era restrictions.

The order was passed in response to a petition filed by Mumbai resident Mayur L. Desai, who challenged MahaRERA’s continued enforcement of online-only hearings even after the return of in-person judicial functioning across courts and tribunals.

The Core Issue: Virtual-Only Hearings Post-COVID

Since the pandemic, MahaRERA has been conducting proceedings solely through video conferencing. While this transition was acceptable during emergency conditions, the prolonged absence of a physical hearing option raised red flags. The petitioner argued that this practice violated the principles of natural justice and the constitutional right to access legal remedies.

Despite having fully operational physical offices and infrastructure in Mumbai, MahaRERA continued to restrict all dispute resolution to the online medium, offering no option to appear in person. This practice not only disadvantaged many homebuyers, especially senior citizens and those not technologically equipped, but also left no scope for urgent hearings or real-time mentions.

Bombay HC’s Key Directives to MahaRERA

The High Court, after examining the case and representations from all parties, directed the following reforms:

• Hybrid Hearings: MahaRERA must allow litigants to choose between physical and virtual hearings. The choice should lie with the party, not the authority.
• Fixed Hearing Dates: All hearings must now have fixed schedules, and if adjourned, the next date must be clearly recorded and communicated.
• Urgent Mentions: A transparent mechanism must be introduced for urgent hearing requests (praecipes), along with a log of accepted or rejected mentions.
• Order Publication: All orders must be uploaded with visible timestamps to ensure timely availability and prevent manipulation or back-dating.
• Website Transparency: MahaRERA’s website must clearly list cause lists, Bench calendars, contact details of officers, and execution updates.

The court emphasized that access to justice includes the manner of access. A litigant must be given a fair opportunity to choose how they want to present their case.

MahaRERA’s Role in Maharashtra’s Real Estate Governance

As the enforcement body of the Real Estate (Regulation and Development) Act, 2016, MahaRERA Mumbai plays a central role in ensuring developer accountability and protecting consumer rights across Maharashtra. However, over time, stakeholders have raised concerns about increasing delays, non-transparent processes, and lack of responsiveness in execution of orders.

This directive by the High Court signals a course correction. It underscores the need for regulatory bodies like MahaRERA to function not only with legal authority but also with operational transparency and accessibility.

Implications for Homebuyers, Developers, and Legal Professionals

For homebuyers, especially those stuck in delayed or non-compliant projects, this ruling offers hope of faster and fairer hearings. It ensures that cases can be listed urgently when needed and that orders are not delayed due to internal inefficiencies.

For developers, the structure of proceedings will now become more predictable, reducing the burden of legal uncertainties. Legal practitioners too will benefit from clearly defined SOPs, accessible calendars, and streamlined communication from MahaRERA’s end.

Conclusion

The Bombay High Court’s intervention marks a crucial step toward restoring faith in Maharashtra’s real estate dispute resolution framework. By mandating hybrid hearings and procedural accountability, the court has rebalanced the scales in favour of justice and accessibility. As MahaRERA prepares its compliance report due within four weeks, stakeholders across the board, homebuyers, developers, and legal professionals—will be watching closely. This ruling is not just about courtroom logistics; it’s about re-establishing the right to be heard, a cornerstone of both democracy and regulatory governance.