Developers cannot construct new buildings without consent of apartment owners-Bombay High Court
In an important order, the Bombay High Court has said developers cannot construct new buildings—not part of the original plan which was disclosed to buyers—unless they take the consent of apartment owners. The Judge said that if the promoter wants to make additional construction, which is not a part of the layout placed before the flat-taker at the time of agreement, the consent (of the flat owner) would be necessary.
The verdict brings to a close a decade-old legal tussle between a Kandivli housing society and their builder that even went up to the Supreme Court. Justice B R Gavai further held that builders should mandatorily hand over conveyance of the plot to the new housing society within four months of registration. The court restrained the builder, Jayantilal Investments, from constructing a new building on the premises of Madhu Vihar Housing Society in Kandivli (west).
The project, completed in 1989, consisted of a building with five wings. In 2001, the developers submitted a plan to the BMC for another building on the plot to utilise the additional Floor Space Index (FSI). The BMC permitted the plan for a new building on the premises of Madhu Vihar Housing Society in Kandivli (west) in 2002, following which the residents rushed to court.The court went through the records and agreed that the builder had promised the amenities in the plan shown to the original occupants of the 137 flats and shops.
The lawyer for the society said the new plan was totally different from the one promised in the brochure given to the flat buyers.In defence, the builder’s lawyers pointed to the changes made in the Maharashtra Ownership of Flats Act in 1986, which did away with the clause requiring prior consent of flat owners if the developer planned to make additional construction on a plot. The HC did not buy the argument. Referring to apex court judgments, it said the rule would apply only if the builder had disclosed plans for additional buildings in the housing project to the flat buyer.
Read more: The Times of India
apartment owners, Bombay High Court, Jayantilal Investments, Kandivli housing society, Madhu Vihar Housing Society, Madhu Vihar Housing Society in Kandivli, take the consent of apartment owners
For those who are fascinated by height and love to be out of bounds, it would be worth exploring the opportunity to own a house in the tallest building of North India.
Standing tall at over 250 meters with 60 floors, this tallest residential building offers unprecedented levels of luxury, comforts and services. With its business centre, studio apartments, luxury apartments, penthouses, club/dance floor and open air rooftop restaurants, it is a world of experience in itself. Stylish, sophisticated and reaching for the clouds – there would not be a better place to reside!