Mumbai: The Bombay High Court has refused interim relief to Lok Everest Cooperative Housing Society Ltd. at Mulund, observing that the developer, Jaydeep Developers, is entitled to utilise additional Floor Space Index (FSI) made available under revised Development Control Regulations, as the construction of Wing C5 was part of the original sanctioned layout.
1993 Layout Plan Considered Original and Disclosed to Buyers
Justice Riyaz Chagla noted that the 1993 layout plan, which showed Buildings Nos.4 and 5 as identical mirror-image structures with four wings each, had been disclosed to purchasers at the time of executing their flat purchase agreements.
“On a balance of probabilities, it can only result in one conclusion that the 1993 layout plan was not only disclosed to the plaintiff but also shown to the plaintiff,” the court observed.
Society Opposed New Wing C5, Citing MOFA Violation
The HC was hearing a plea by the society, comprising 309 flat owners occupying Building No.4 – consisting of four Wings B1, B2, C1 and C2 that are connected to each other – that sought to restrain the developer from constructing Wing C5 of Building No.5.
It contended that Jaydeep Developers had already exhausted the full development potential disclosed under the Maharashtra Ownership Flats Act (MOFA). Society’s counsel, Abhinav Chandrachud, argued that any further construction using new FSI, without 100% consent of existing flat owners, would violate MOFA provisions.
Society Claimed 1995 Plan Was Shown to Buyers
Chandrachud relied on a report by architects Nadkarni & Co. and argued that the 1995 sanctioned plan, not the 1993 one, was shown to the purchasers, and that the developer was now seeking to add an entirely new wing by utilising 14,233 sq.m. of additional FSI.
Developer Argued Wing C5 Was Part of Original Layout
Senior Advocate Ashutosh Kumbhakoni, appearing for the developer, countered that Wing C5 was always part of the original 1993 layout and that the project was being executed in phases.
He submitted that the agreements specifically referred to the 1993 layout and empowered the developer to consume the full development potential of the land until completion of the scheme and registration of the societies.
HC Allows Use of Additional 33% FSI Under 2011 DCR Amendment
Accepting these arguments, the court held that the developer could lawfully utilise additional 33% FSI granted under a 2011 amendment to the DCR, since Wing C5 had not yet been constructed and Building No.5’s society was registered only in August 2015.
Developer to Build Single 16-Storey Wing Instead of Three Towers
The court also recorded the developer’s statement that instead of building three 22-storey wings as per a 2019 plan, it would construct only one 16-storey wing consistent with the 1993 layout.
Observing that Jaydeep Developers had already invested Rs12 crore and obtained a commencement certificate in 2017, the court said the balance of convenience lay in favour of the developer.
Also Watch:
Court Declines to Restrain Construction, Objections to Be Heard at Trial
Accordingly, the court refused to restrain the construction, clarifying that the society’s objections on disclosure and consent would be examined during trial.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
