MUMBAI: The Bombay High Court has set aside a Maharashtra Real Estate Appellate Tribunal (MahaREAT) order that had restored the residential status of the long-delayed Turf View project, after the parties told the court they had amicably resolved their dispute.
The ruling clears a regulatory hurdle for developers Prestige Estates Projects and Valor Estate (formerly DB Realty) to proceed with their plan for a residential-cum-commercial project on a prime south Mumbai plot overlooking the Mahalaxmi Race Course.
A single-judge bench of Justice N J Jamadar on September 29 set aside the tribunal’s order, noting that “the parties have amicably resolved the dispute”.
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The back story
The dispute dates back to 2007, when an associate company of DB Realty launched a luxury residential project named Orchid Turf View in Mahalaxmi. Several high-net-worth homebuyers had booked premium apartments, paying approximately 50% of the total consideration upfront.
However, the homebuyers later claimed that the agreements for sale were never executed, the project remained incomplete, and they never received possession. The developers also attempted to terminate the allotment agreements and transfer development rights to Turf Estate Joint Venture LLP, a joint venture involving DB Realty and the Prestige Group, without the homebuyers’ consent. They also sought to alter the project’s character from residential to residential-cum-commercial.
{{/usCountry}}However, the homebuyers later claimed that the agreements for sale were never executed, the project remained incomplete, and they never received possession. The developers also attempted to terminate the allotment agreements and transfer development rights to Turf Estate Joint Venture LLP, a joint venture involving DB Realty and the Prestige Group, without the homebuyers’ consent. They also sought to alter the project’s character from residential to residential-cum-commercial.
{{/usCountry}}Under MahaRERA rules, developers must obtain the consent of two-thirds of the homebuyers for any change to a project. While the promoters said they had obtained the required two-thirds consent, the homebuyers disputed this.
However, MahaRERA approved the change of promoter in October 2021. Turf Estate Joint Venture LLP subsequently sought to de-register the project, and MahaRERA allowed the request in September 2022.
Four allottees—Aditya Bagree, Chand Bagree, Kesari Realty and Kuber Mall Management—later challenged MahaRERA’s decisions before MahaREAT. On August 25, 2026, the tribunal overturned the decisions and restored the project’s residential status. It ruled that MahaRERA’s approval to change the promoter and alter the project was “bad in law” and granted “without appreciating and verifying the facts…”
Aggrieved by MahaREAT’s verdict, Turf Estate Joint Venture LLP and others moved the Bombay High Court. With the high court setting aside the tribunal’s order, the earlier MahaRERA decisions stand restored.
When Hindustan Times reached out to Valor Estate, the spokesperson refused to comment.
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