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SANDEEP V. MARNE
K. M. Realty, Thr. It’s Partners Mr. Kunal Pankaj Raval – Appellant
Versus
Diamond Hill Co-Operative Housing Society Limited – Respondent
| Table of Content |
|---|
| 1. developer's entitlement to construct based on layout. (Para 1 , 2 , 3) |
| 2. arguments regarding plans and consent for additional construction. (Para 4 , 6 , 8 , 10) |
| 3. need for approval and purchaser consent in construction planning. (Para 5) |
| 4. court's observation on existing layout and construction. (Para 13 , 14 , 15) |
| 5. ratio regarding consent for additional structures under mofa. (Para 18 , 21 , 38) |
| 6. disclosure mandates for developers to avoid violations. (Para 20) |
| 7. injunctions justified to uphold compliance with regulatory frameworks. (Para 41) |
| 8. conclusion on the dismissal of the appeal. (Para 42) |
JUDGMENT:
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
Full disclosure of development plans and prior consent from flat purchasers are mandatory for any alterations to a housing development under the Maharashtra Ownership Flats Act.
Developers must adhere to disclosed building plans and obtain consent for alterations under MOFA, ensuring compliance with statutory obligations for transparency to flat purchasers.
Developers must disclose full development potential under MOFA, and construction exceeding this potential without consent from all flat purchasers is impermissible.
Informed consent under MOFA mandates full disclosure by promoters regarding construction potentials and changes, affecting rights of flat purchasers.
The court ruled that a developer's right to complete construction cannot be denied due to the execution of a deemed conveyance; proportional land conveyance is valid under the Maharashtra Ownership F....
The court upheld the Developer's right to amend construction plans under the Maharashtra Ownership Flats Act, emphasizing the need to consider balance of convenience and irreparable injury in grantin....
Landowner granting limited FSI/TDR rights to independent developer, reserving balance acknowledged by purchasers, not 'promoter' under MOFA; cannot be injuncted from using reserved rights; bare injun....
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