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The Maharashtra Real Estate Regulatory Authority, Mumbai ("RERA Authority") in the matter of Techno Dirive Engineer Private Ltd. v. Renaissance Indus Infra Private Ltd. (Complaint No. CC006000000078620) ("Compliant") has, inter alia, held that the provisions of the Real Estate (Regulation and Development) Act, 2016 ("RERA Act") shall not be applicable on industrial units/ projects.
The question for determination before the Ld. RERA Authority was whether RERA Act applies to Industrial Units/projects.
The Ld. RERA Authority, after taking into consideration the terms of the agreement entered between the complainant and the respondent and various documents placed on record by the complainant, concluded that the complainant had booked the units for setting up their industrial manufacturing units and hence, the booked units are industrial units.
The Ld. RERA Authority then went on to analyse "real estate project" provided in section 2(zn) of the RERA Act, 2016 and held as under:
"8. After perusing this definition, I find that the apartments, plots or buildings are included in the definition. Since the industrial units do not come into the definition of apartment as discussed above, I find that the building consisting of industrial units or part thereof will not amount to Real Estate Project defined by RERA."
With the aforesaid observations, the Ld. RERA Authority held that the provisions of RERA Act, 2016 are not applicable on industrial units.
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