In the Matter of Geetanjali Aman Constructions Vs Hrishikesh Ramesh Paranjpe Complaint no. SC10000672 decided on 10.07.2019 before Maharashtra Real Estate Appellate Tribunal
The Bench of Indira Jain J. Chairperson, SumantKolhe, Member (J), S.S. Sandhu, Member (A) of the Mumbai RERA Tribunal, held by the ratio of 2:1 that only one condition need to be satisfied
under section 3(2) of the RERA Act which states that no registration is required in those project
where the area of land proposed to be developed does not exceed 500 square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases. It was held principal question that needs to be addressed in this appeal revolves around the interpretation of word ―or‖ used in clause (a) of Section 3(2) of RERA. The crux is whether ―or‖ has to be read conjunctively or disjunctively. Needless to state that need to interpret the provisions of law would arise only when there is ambiguity left or a doubt is created in understanding the provisions. In our view in understanding the provision of law what should be done when the words are clear and unambiguous is to give the words that meaning which they convey plainly, irrespective of the consequence
