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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I. CHAGLA
Lok Everest Co-Op.Hsg. Soc. Ltd. – Appellant
Versus
Jaydeep Developers – Respondent
ORDER :
R.I. CHAGLA, J.
1. By this Interim Application, the Plaintiff/Applicant is seeking an order of injunction restraining the Defendant No.1 and / or their agents, servants and assigns from making any alterations and / or constructing new Building C5 or Wing C5 or undertaking any construction in the Larger Property. Further, consequential relief has been sought in addition to the primary relief.
2. The captioned Suit has been filed by the Plaintiff in which the present Interim Application has been taken out seeking to enforce its rights under Section 7 (1)(ii), read with Sections 3 (2)(c) and 4(1A)(a)(i) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”). The Plaintiff is a society of flat purchasers occupying Building No.4, consisting of four Wings B1, B2, C1 and C2 that are connected to each other. The Plaintiff – Society has 309 members. The case of the Plaintiff is that, Defendant No.1 – Developer has exhausted the development potential of the land as disclosed to the flat purchasers at the time of the execution of the flat purchase agreements, and in spite of which Defendant No. 1 is seeking to ut
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.
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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....
Informed consent under MOFA mandates full disclosure by promoters regarding construction potentials and changes, affecting rights of flat purchasers.
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....
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
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.
The court confirmed that flat purchasers in large layout developments have rights to 'Unilateral Deemed Conveyance' under MOFA, with developer obligations to convey titles proportionately for both st....
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