Revenue Authorities Face Legal Action for Non-compliance in Execution of Maha RERA Decrees
In a significant ruling, the Bombay High Court has initiated contempt proceedings against the Collector of Mumbai and Tahsildar Dilip Rayannavar for their failure to execute decrees passed by the Maharashtra Real Estate Regulatory Authority (Maha RERA). The court expressed concern over the non-compliance and false affidavits submitted by the Tahsildar, which were deemed to undermine judicial authority and obstruct the administration of justice.
The case, titled Sneha Sachhanand Tejwani v. State of Maharashtra, highlighted the persistent issues in enforcing Maha RERA decrees, which are crucial for maintaining the legislative intent of the real estate regulatory framework. The petitioner, Sneha Sachhanand Tejwani, represented by advocate Ms. Neeta Jain, argued that the decrees were being frustrated by judgment debtors exploiting legal loopholes.
The court had previously directed the Mumbai Collector to file an affidavit detailing the entities where Neeraj Gunvant Kakad, a respondent in the case, holds monetary interests. However, the affidavit was filed by Tahsildar Dilip Rayannavar without proper authorization, leading to accusations of contempt and false statements under the Contempt of Courts Act, 1971 and Section 340 of the Criminal Procedure Code, 1973.
Justice A.S. Gadkari and Justice Kamal Khata emphasized the seriousness of the matter, stating that the actions of the Tahsildar and Collector had interfered with judicial proceedings. The court appointed the High Court Receiver to secure the petitioner's claim by taking possession of a disputed property linked to the case.
The judgment underscores the importance of scrupulous execution of legal decrees and the responsibility of revenue authorities to uphold judicial directives. The court has set a deadline for compliance and will reconvene on July 17, 2026, to further address the matter.
Bottom line:-
Execution of Maha RERA decrees - Revenue authorities failing to execute decrees passed by Maha RERA - Collector of Mumbai and Tahsildar undermining court authority by non-compliance and false affidavits - Directions issued for contempt proceedings and appointment of Court Receiver to secure claims of the petitioner.
Statutory provision(s): Maha RERA Act, Contempt of Courts Act, 1971, Criminal Procedure Code, 1973
Sneha Sachhanand Tejwani v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2939917
