promoter wants to make additional
construction, which is not a part of layout which was
placed before flat taker at the time of agreement ... required to obtain prior consent of the
flat takers as long as builder makes additional
construction in accordance with lay out plans, building
rules
promoter wants to make additional
construction, which is not a part of layout which was
placed before flat taker at the time of agreement ... required to obtain prior consent of the
flat takers as long as builder makes additional
construction in accordance with lay out plans, building
rules
flat purchasers, it
was expressly stipulated that the additional FSI would vest with
the promoters, who would retain the right to undertake further
construction ... agreements
for sale reserved additional FSI in favour of the promoters and
permitted them to undertake further construction, and therefore
the conveyance ought
situations where a promoter undertakes
construction in accordance with a sanctioned layout plan but
disputes arise regarding additional construction or disclosure of
the project ... disclosed to them at that time. If additional development potential
or further phases of construction existed, the purchasers were
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must be balanced with the rights of the flat
purchasers. While the law permits construction of additional
buildings in accordance with the layout plan ... development scheme was disclosed to the flat
purchasers at the time of sale and whether the additional
construction forms part of the sanctioned layout plan
that the promoters would retain the right to
undertake remaining and additional construction. According to the
Petitioners, balance FSI of 323.04 square metres remains available ... summary and effective remedy to flat
purchasers. Where questions of balance FSI, entitlement to specific
floors and future additional construction arise, the civil court
that the promoters would retain the right to
undertake remaining and additional construction. According to the
Petitioners, balance FSI of 323.04 square metres remains available ... summary and effective remedy to flat
purchasers. Where questions of balance FSI, entitlement to specific
floors and future additional construction arise, the civil court
Maharashtra
Ownership Flats (Regulation of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963 and Sections 406 , 420 and
120-B of the Indian ... Code and under the provisions of the Maharashtra
Ownership Flats (Regulation of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963 is also quashed
members. However,
respondent No.5 got a plan sanctioned for 27 flats and 11
shops. It was stated that the lease clearly provided that ... executed
supplementary deeds in favour of respondent Nos.5 to 7,
granting additional area of FSI measuring 920.59 square
meters, 971.92 square meters
members. However,
respondent No.5 got a plan sanctioned for 27 flats and 11
shops. It was stated that the lease clearly provided that ... executed
supplementary deeds in favour of respondent Nos.5 to 7,
granting additional area of FSI measuring 920.59 square
meters, 971.92 square meters
