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IN THE HIGH COURT OF BOMBAY
MILIND N. JADHAV
Chetan D Shelke – Appellant
Versus
Savannah Vasant Lawns Tower No 1 – Respondent
JUDGMENT :
1. This is a bunch of three Writ Petitions challenging the impugned order dated 22.05.2024 passed by District Court, Thane in Miscellaneous Civil Appeal No.125 of 2023 allowing the Appeal filed by Respondent Nos.1 to 7 - Societies. By the said order District Court set aside the Exhibit "5" order dated 27.09.2023 passed by learned Trial Court and has temporarily restrained the Developer (Defendant No.1) from carrying out further construction and the Thane Municipal Corporation (for short "Corporation") from issuance of further sanction.
2. Writ Petition No.9144 of 2024 is filed by third parties/some individual flat purchasers (Defendant Nos.3 to 13 before the Trial Court) who have purchased flats in building No.8 in Vasant Lawns, Thane from the Developer by registered Agreements. Construction of their building is stayed by the impugned order. Hence they are aggrieved.
3. Writ Petition No.9411 of 2024 is filed by the Corporation which is the Planning and Sanctioning Authority (Defendant No.2 before Trial Court).
4. Writ Petition No.8647 of 2024 is filed by Sheth Developers Private Limited who is the Developer (Defendant No.1 before Trial Court).
5. Respondent Nos.1 to 7 – Socie
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....
Developers must disclose full development potential under MOFA, and construction exceeding this potential without consent from all flat purchasers is impermissible.
Developers must adhere to disclosed building plans and obtain consent for alterations under MOFA, ensuring compliance with statutory obligations for transparency to flat purchasers.
Informed consent under MOFA mandates full disclosure by promoters regarding construction potentials and changes, affecting rights of flat purchasers.
The court held that statutory obligations under MOFA compel the execution of conveyance to a housing society and that such obligations must be upheld to prevent unauthorized development.
Third-party purchasers cannot enforce rights against a society after the termination of the developer's agreement; their remedies lie solely with the developer.
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
Unauthorized construction without proper permissions violates statutory laws; authorities must enforce demolition orders while compensating affected purchasers.
Consent of existing flat owners is mandatory for modifications to original building plans under relevant statutes, and failure to secure such consent renders subsequent constructions illegal.
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