Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Rajkumar Gulati – Appellant
Versus
S.D. Corporation Private Ltd. – Respondent
JUDGMENT:
SANDEEP V. MARNE, J.
PROLOGUE
1. Home owners of one of the swankiest skyscrapers in South Mumbai ‘The Imperial’ are up in arms with the developer, who is proposing to construct not only additional buildings in the layout but also additional flats in the existing building.
2. Apart from notably crowned with spires and glass enclosures as key architectural feature, ‘The Imperial’ also wore the crown of being India’s tallest building for few years in the past. Ironically however, the ultra-luxurious twin towers of ‘The Imperial’, which are home to affluent residents, is a product of incentive offered to the developer for rehabilitation of poor slum dwellers on the encroached land. To recoup the expenditure incurred for constructing rehabilitation tenements for slum dwellers, the developer receives incentive in the form of selling some flats in the market. The swanky skyscrapers of ‘The Imperial’ have thus emerged by utilization of incentive received towards rehabilitation of slum dwellers while implementing a slum scheme.
3. ‘The Imperial’ project was initially envisaged as triple towers in the layout. While simultaneously rehabilitating the slum dwellers, the developer took up c
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.
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....
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 Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
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....
The absence of an occupation certificate does not prevent a Co-operative Housing Society from obtaining deemed conveyance, as the promoter's failure cannot disadvantage flat purchasers.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
