1. Heard counsel for the parties. Perused the pleadings and documents on record. It is evident from the plan sanctioned by the Municipal authorities on 4th January 2003 that the permission to construct was accorded to the defendant builder only for two flats in Wing-A of the building. The defendant now intends to construct Flat No.3 on every floor of the said Wing-A building. In other words, the defendant intends to construct seven flats which will be horizontal and vertical extension of main building. In this backdrop the question is whether the defendant builder can be permitted to carry on construction of this nature without prior consent of the plaintiffs society and in particular the flat purchasers who are incidentally the members of the society.

2. Section 7 of the Maharashtra Ownership Flat Act, 1963 mandates that for construction of this nature, the builder will have to take prior permission/express consent of the flat purchasers who are likely to be affected by such construction. The defendant builder relies on the amended plan passed by the Municipal authorities on 25th April 2005 which permits him to construct said additional structure.