Short Answer

Yes, there is a provision to expedite a RERA case in Gujarat if construction is dangerously delayed.

Detailed Explanation

Rule 9(3) of the Gujarat Real Estate (Regulation and Development) Rules, 2017 empowers the Regulatory Authority to fast-track the hearing of complaints related to delayed construction. This rule allows the Regulatory Authority to prioritize cases where there is a significant delay in completing the project, especially if such delays pose a danger to the occupants or the public. By invoking this rule, the Regulatory Authority can ensure that urgent cases are heard promptly and necessary actions are taken to address the delays.

Additionally, Section 37 of the Gujarat RERA Act, 2016 provides the Regulatory Authority with the power to issue directions to expedite the completion of a real estate project. In cases where construction delays are endangering the safety of the residents or the public, the Regulatory Authority can intervene and issue specific directives to the builder to expedite the construction process. Failure to comply with such directions can lead to penalties and other legal consequences for the builder.

Practical Examples

• Scenario: A residential project in Gujarat is facing severe construction delays, leading to safety concerns among the buyers.

Action: The buyers can file a complaint with the Regulatory Authority under Rule 9(3) of the Gujarat RERA Rules, requesting expedited handling of their case due to the dangerous delay.

• Scenario: A commercial project in Gujarat has been stalled for an extended period, posing a risk to nearby properties and the public.

Action: The local authorities can invoke Section 37 of the Gujarat RERA Act to issue directives to the builder to accelerate the construction work to mitigate the safety risks.

• Scenario: A mixed-development project in Gujarat is significantly behind schedule, causing distress to both buyers and the surrounding community.

Action: The Regulatory Authority can utilize Rule 9(3) of the Gujarat RERA Rules to prioritize the complaints related to this project and ensure swift resolution to address the dangerous delays.

References

• Rule 9(3) of the Gujarat Real Estate (Regulation and Development) Rules, 2017. [Official PDF]

• Section 37 of the Gujarat RERA Act, 2016. [Official PDF]