HIGH COURT MATTERS - Cannot change plan of building if flat buyers say ‘no’

Kanchan Chaudhari

Builders and developers cannot amend plans or carry out additional construction without obtaining ‘informed consent ‘of flat buyers, the Bombay High Court said, recently.

“If the promoter wants to undertake additional construction, which is not part of the layout shown to flat buyers at the time of executing the purchase agreement, consent is necessary,” the court said.

Justice BR Gavai said flat buyers in Madhuvihar Co-operative Housing Society in Kandivli, would be deprived of amenities promised, if the developer –Jayantilal Investments –was allowed to go ahead with the additional construction.

The judge noted that the plan projected before the flat buyers was for 137 tenements but, subsequently, an additional building with the same number of tenements was sought to be constructed on an area that was shown as open area as per plans shown to flat buyers.

“Such a consent would have the effect of nullifying the purpose of the beneficial legislation (The Maharashtra Ownership of Flat Act – MOFA),”observed Justice Gavai.

The society was registered in January 1993, but the developer refused to convey the property saying it had not complied with the pre-condition of the conveyance—grant consent for additional construction.

Justice Gavai discarded the contention, and directed the developer to forthwith convey the property in favour of the society.


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