penalty or compensation
imposed on a promoter and recoverable under Section 40 of RERA, shall be recovered
as arrears of land revenue in the manner ... India & Ors.3
8.18. That Section 169 of the MLRC, Section 40(1) of RERA and Rule 3 of
the Maharashtra Real Estate (Regulation
negative.
ISSUE NO.2 - APPLICABILITY OF SECTION 40(1) OR SECTION 40(2) OF
THE RERA ACT
12. The main question that arises for consideration ... including those contemplated in Section 40(1) of the Act,
then Section 40(2) of the Act would render Section 40
Maharashtra Land Revenue Code, pursuant to a
direction by M-RERA under Section 40(1) of the Act. The Division
Bench has held as follows ... interest passed by Respondent No. 9,
finds its genesis in Section 40 of RERA.
22
22. One of the central areas of controversy involved
Section 1 of Section 3 of
RERA Act, or non-activation of the second proviso of sub- Section
1 of Section 3 , rather carry ... Section 1 to Section 3 of RERA Act or to the second proviso
to sub- Section 1 of Section 3 of RERA
office, breaches under Section 11(4)(a) & (d), Section
documents and restrain from 17, Section 19(3) & (6) of RERA Act for which ... above, even under
RERA, the grievance of the Plaintiff qua
construction relates to breach of Section 14 of
RERA, and the RERA Authority can take
that the
adjudicating authority had already exercised power under
sub-section (2) of Section 40 read with MahaRERA Rules,
2017.
17. Learned counsel ... already exercised power under sub-section (2) of
Section 40 read with the 2017 Rules. Hence, in light of the
directions issued by the division
that the
adjudicating authority had already exercised power under
sub-section (2) of Section 40 read with MahaRERA Rules,
2017.
17. Learned counsel ... already exercised power under sub-section (2) of
Section 40 read with the 2017 Rules. Hence, in light of the
directions issued by the division
that the
Recovery Certificate, which has been issued by the RERA
under Section 40(1)(2) of the Real Estate Regulation and
Development ... view that when a Recovery Certificate is issued by
the RERA under Section 40 of 'the Act' and Rule
that the
Recovery Certificate, which has been issued by the RERA
under Section 40(1)(2) of the Real Estate Regulation and
Development ... view that when a Recovery Certificate is issued by
the RERA under Section 40 of 'the Act' and Rule
that the Recovery
Certificate issued by the respondent No.2/RERA,
under Section 40(1) of the Karnataka Real Estate ... held that,
whenever a Recovery Certificate is issued under
Section 40 of the RERA, it is required for the
jurisdictional Deputy Commissioner
