IMPORTANT POINT
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 granting injunctions.

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 – Societies filed Regular Civil Suit No.743 of 2022 in Trial Court seeking declaratory and injunctive reliefs against the Developer and Corporation with regard to a complex developed by the Developer since 2007 comprising of nine buildings known as ‘Vasant Lawns’ lying and situated at village Panchpakhadi, Thane.

6. Alongwith the Suit, Respondent Nos.1 to 7 – Societies filed Application below Exhibit “5” seeking temporary injunction, firstly against the Developer for restraining it from carrying out any further construction of building Nos.8 and 9 as per amended plans without prior consent of flat purchasers in Respondent Nos.1 to 7 – Societies and secondly against Corporation from granting further permissions and Occupation Certificates (for short “OC”) for Building Nos.8 and 9. Respondent Nos.1 to 7 – Societies also prayed for directions against the Developer for removal of defects in construction and providing of amenities and services in the subject premises to Respondent Nos.1 to 7 – Societies.

7. Both sides have contested the proceedings vehemently. Trial Court has rejected the Exhibit "5" Application of Plaintiffs (Societies) whereas Appellate Court in Miscellaneous Civil Appeal has reversed and upset the order of Trial Court. After hearing the learned Advocates at length, I was informed that reconsideration or arbitration is ruled out and I was called upon to decide the Petitions.

8. Briefly stated, facts germane for adjudication of the present Petitions are as follows:-

8.1. By registered Development Agreements dated 01.10.2003 and 31.03.2009 readwith registered Deed of Modification dated 04.06.2009, the Developer (Defendant No.1) acquired development rights in respect of property bearing Survey Nos.52/1, 52/2, 53(pt.), 70/10(pt.), 70/11, 70/2(pt.), 70/3 (pt.), 71/1(pt.), 71/5, 72/1, 72/4(pt.), 72/6, 72/7, 72/8 and 72/10 located at village Panchpakhadi, Thane (“subject property”) from Voltas Limited.

8.2. In 2005 Developer launched project under the name ‘Vasant Lawns’ on the subject property. The project was to be developed in a phase wise manner comprising of nine independent buildings.

8.3. On 19.10.2005 Corporation sanctioned the building plan for the said project vide VP No.2003/181/TMC/TDD/2791. On the same date Developer received Commencement Certificate (for short ‘CC’) for construction of Building Nos.1, 3, 4, 5, 6 and 7. In the original sanctioned plan of 2005, Corporation imposed a mandatory condition No.6 on the Developer to handover/surrender an aggregate/amalgamated amenity open space out of the subject property to the Corporation.

8.4. It is seen that prior to Developer acquiring development rights in the subject property, some portion was utilised for industrial use by Voltas Limited and subsequent to Developer acquiring development rights