Non-Agricultural Land Use Permitted Only After Infrastructure in Place: MahaRERA
### Conditional Permit Not Enough for Ongoing Project Registration
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has clarified that a simple conditional permit for converting agricultural land into non-agricultural, non-urban areas without providing infrastructure does not qualify as an ongoing project under RERA, unless registered.
**What Constitutes Project Completion?**
* A permit to convert land from agricultural to non-agricultural is merely the beginning of the process.
* The process ends with the tehsildar's registration that all imposed conditions are met, constituting a “completion certificate”.
### Developer Ordered to Register Project Under RERA
MahaRERA instructed a developer to immediately register a project on August 10, after finding that conditions imposed over a decade-old nod for non-agriculture (NA) use by the Raigad collector remained pending in a plotted development outside urban areas.
## **No Advertisement Before Registration**
* **Chairperson's Directive**: Ajoy Mehta, MahaRERA chairperson, emphasized that the actual nomenclature of the completion certificate means the premises are finished and suitable for human habitation, starting when the tehsildar confirms all conditions are met.
* **Developer's Non-Compliance**: Mehta ordered the developer not to advertise, sell, or approve non-agricultural bookings in the Amarai project, Kolad, until it is registered under Section 3 of the Real Estate (Regulation and Development) Act (RERA), imposing a fine of Rs 50,000 for non-compliance.
### Mandatory Amenities as Per Agreement
* **Complaint Background**: The Amrai Kolad Plot Owners Welfare Association filed a complaint against Sai Developers, alleging that despite receiving conditional NA permission in 2012, the developer failed to deliver promised infrastructure services.
* **RERA's Stance**: After RERA's effect on May 1, 2017, the developer's new announcements for unsold plots, offering services, were deemed to fall under RERA as an ongoing project requiring registration, if infrastructure and services were not provided.
* **Developer's Argument and RERA's Response**: The developer argued the project was completed in 2014, meeting all NA conditions, but MahaRERA emphasized that in planned development, completing all agreed amenities is imperative.