The Bombay High Court has set aside an order of the Maharashtra Real Estate Appellate Tribunal (MahaREAT) that had restored the residential status of the long-delayed Turf View project in south Mumbai. The ruling removes a regulatory hurdle for Prestige Estates Projects and Valor Estate, formerly known as DB Realty, to proceed with a proposed residential-cum-commercial development at Mahalaxmi.
A single-judge bench of Justice N J Jamadar passed the order on September 29 after the parties informed the court that they had amicably resolved their dispute. With the tribunal’s order being set aside, the earlier decisions taken by the Maharashtra Real Estate Regulatory Authority (MahaRERA) stand restored.
The project is located on a prime plot overlooking the Mahalaxmi Race Course and has been subject to a dispute involving developers and several homebuyers for nearly two decades.
Dispute Dates Back to 2007
The dispute originated in 2007, when an associate company of DB Realty launched a luxury residential project called Orchid Turf View in Mahalaxmi. Several high-net-worth individuals had booked apartments in the project and reportedly paid around 50% of the total consideration upfront.
The homebuyers later alleged that agreements for sale were not executed, the project remained incomplete and possession was never handed over. They also objected to attempts by the developers to terminate allotment agreements and transfer development rights to Turf Estate Joint Venture LLP, a joint venture involving DB Realty and Prestige Group.
The developers also sought to change the nature of the project from residential to residential-cum-commercial.
Under MahaRERA regulations, a change in a registered project generally requires the consent of two-thirds of the allottees. While the promoters maintained that the required consent had been obtained, the homebuyers disputed the claim.
MahaRERA Decisions Challenged
In October 2021, MahaRERA approved the change of promoter. Turf Estate Joint Venture LLP subsequently sought deregistration of the project, which MahaRERA allowed in September 2022.
Four allottees—Aditya Bagree, Chand Bagree, Kesari Realty and Kuber Mall Management—challenged these decisions before MahaREAT.
On August 25, 2026, the tribunal overturned MahaRERA’s decisions and restored the project’s residential status. MahaREAT held that the approvals relating to the change of promoter and alteration of the project were not legally valid and had been granted without adequately considering and verifying the facts.
The decision was subsequently challenged before the Bombay High Court by Turf Estate Joint Venture LLP and other parties.
High Court Order Restores Earlier Position
The Bombay High Court has now set aside the MahaREAT order after being informed that the parties had reached an amicable settlement. As a result, the earlier MahaRERA decisions approving the change of promoter and allowing deregistration of the project have been restored.
The order provides a clearer regulatory position for the development involving Prestige Estates Projects and Valor Estate.
The Turf View project is significant because of its location in Mahalaxmi, one of south Mumbai’s prominent residential and real estate markets. The proposed development is planned as a residential-cum-commercial project on a site overlooking the Mahalaxmi Race Course.
The case also highlights the regulatory and legal complications that can arise when long-delayed real estate projects undergo changes in ownership, development rights or project configuration. For homebuyers, promoter changes and alterations to the original project structure can have a direct bearing on their contractual and possession-related interests.
Image- bombayhighcourt.gov.in/bhc/
