that the consent as contemplated under Section 7 of
the MOFA has to be informed consent and not a blanket consent.
16. The learned Counsel ... facts of the present
case, inasmuch as, the issue regarding blanket consent was
neither raised nor considered by this court.
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section 7(1) of the Ownership Flats Act could mean a blanket consent given to the promoter by the purchasers of the flats without specifying ... Apte, J., had in terms and unequivocally held that a blanket consent obtained by the promoter from the intending purchasers of flats
about the express consent to a particular act, but contemplated a blanket consent without knowing what the fact is. The agreement in question was executed ... section does not mean implied consent such as by conduct or acquiescence or circumstance that might be consent. Consent in this section
would submit that the defendant no.1 could not have obtained
any blanket permission for carrying out any further development in future.
35. Mr.Bharucha ... submission that the developer could
not have taken any blanket consent from the members of the plaintiff and
defendant nos. 3 to 5 for carrying
would submit that the defendant no.1 could not have obtained
any blanket permission for carrying out any further development in future.
35. Mr.Bharucha ... submission that the developer could
not have taken any blanket consent from the members of the plaintiff and
defendant nos. 3 to 5 for carrying
contrary, those recitals
betray an intent to obtain a blanket consent of the flat
purchasers which the Courts have repeatedly frowned upon ... given consent
for further development ?, Whether the consent for the
development given in the agreements for sale constitutes an
informed consent or the consent
clauses in paragraph 11
of the agreement would amount to a blanket consent, which is
contrary to the provisions of MOFA. Hence, the legal
principles ... plaintiff's agreement would amount to taking a blanket
consent contrary to the legal principles settled by this court in
the case of Madhuvihar
section does not mean implied consent such as by
conduct or acquiescence or circumstance that might be consent.
Consent in this section ... deterred by the penal provision of section 13 . A blanket
consent or authority obtained by a promoter at the time of
entering into an agreement
section does not mean implied consent such as by
conduct or acquiescence or circumstance that might be consent.
Consent in this section ... deterred by the penal provision of section 13 . A blanket
consent or authority obtained by a promoter at the time of
entering into an agreement
section does not
mean implied consent such as by conduct or acquiescence or
circumstance that might be consent. Consent in this section ... previous consent
of the flat owners is necessary...."
38. The settled legal position is that for the consent to be an
informed consent
