JUDGMENT :

SANDEEP V. MARNE, J.

1. The issue involved in the present Appeal is about entitlement of a developer to construct an additional building, which is disclosed in the sanctioned layout, but specifications of which differ in respect of plinth area and number of floors than the one appearing in the disclosed layout without obtaining flat purchasers’ consent. Also involved is the issue whether the consent given by flat purchasers for utilization of the entire balance FSI potential would entitle the developer to make alterations in the disclosed plans and layout. Though the issues seem to be answered in judgments of the Apex Court in Jayantilal Investments vs. Madhuvihar Coop. Housing Society and Others , (2007) 9 SCC 220 , Malad Kokil Co-operative Housing Society Ltd. vs. The Modern Construction Co. Ltd. and Others , (2012) 6 AIR Bom. R-257 and Dosti Corporation , Mumbai vs. Sea Flama Co-operative Housing Society Ltd. 2016 (5) Mh. L.J. 102, Appellant has sought to distinguish those judgments on a plea that those cases related to entitlement of developer to utilize addition