Archive · 12 Jan 2026
MOFA Amendment Sparks Legal Concerns
There's a big discussion about a new law called the MOFA Amendment Bill, 2025, in Maharashtra.
The governor has already approved this law, but some people, like a group called Mumbai Grahak Panchayat and a lawyer named Advocate Shirish V Deshpande, think it's not legal because it didn't get approval from the President of India.
They say this is important because the law might conflict with another national law called RERA.
The Supreme Court has previously struck down a similar law in West Bengal for this reason.
The new MOFA law has some rules that overlap with RERA, but the lawyer says they're not exactly the same, so it might not be a problem.
However, he believes the law is still invalid because it didn't get the President's approval, which is required by the Constitution.
The governor has given assent to the MOFA Amendment Bill, 2025, and it has come into effect.
The amendment allows promoters of MahaRERA-registered projects facing prosecutions to avoid legal consequences.
The governor did not refer the bill to the President for assent, despite the bill impacting RERA, a Central Act.
The original MOFA had received Presidential assent, but the current amendment lacks it, making it potentially unconstitutional.
While there are overlapping provisions between MOFA and RERA, they are not inconsistent or contradictory, and RERA recognizes primacy to local laws.
- Who
- Governor, Mumbai Grahak Panchayat, Advocate Shirish V Deshpande, Homebuyers, Promoters of MahaRERA-registered projects
- What
- Controversy over the MOFA Amendment Bill, 2025, and its legal validity
- When
- Governor's assent given and gazette notification published on December 31, 2025
- Where
- Maharashtra, India
- Why
- Concerns over the amendment's constitutionality due to lack of Presidential assent and potential conflict with RERA
- Bill
- MOFA Amendment Bill, 2025
- Governor's Assent
- Given
- Gazette Notification Date
- December 31, 2025
- Presidential Assent Required
- Yes, for constitutional validity
- Supreme Court Precedent
- Striking down West Bengal's Housing Act for conflicting with RERA
- Mumbai Grahak Panchayat
- Requested hearing, denied
- Article 254
- Constitutional requirement for Presidential assent on state laws conflicting with central laws