promoter is entitled to undertake additional construction under section 7A of MOFA. The plan sanctioned by the Corporation is strictly as per the Acts ... layout in order to attract the provisions of section 7A of MOFA. The promoter never suggested that there would be phase-wise development
this connection reliance was placed on the
provisions of Section 7A of MOFA.
By impugned judgment dated 16.3.2006 the Bombay High Court
allowed First Appeal ... appellant-promoter was not entitled to derive any benefit from Section 7A of
MOFA and, consequently, the appellant was not entitled to construct
additional building
teeth of the provisions of
Sections 7 and 7A of MOFA. He would submit that though the LOI
dated 3 September 2005 was appended ... Slum Act , MRTP and MOFA and therefore
MOFA would have full applicability even to slum scheme project. That
MOFA applies in addition to the provisions
Plaintiff
has failed to recognise the difference between Section 7 and 7A of
MOFA. He has submitted that the issue of consent would arise only ... structure. Whereas, the instant case is
governed by Section 7A of MOFA, which pertains to construction
of additional structures. Once the developer has disclosed
Plaintiff
has failed to recognise the difference between Section 7 and 7A of
MOFA. He has submitted that the issue of consent would arise only ... structure. Whereas, the instant case is
governed by Section 7A of MOFA, which pertains to construction
of additional structures. Once the developer has disclosed
Plaintiff
has failed to recognise the difference between Section 7 and 7A of
MOFA. He has submitted that the issue of consent would arise only ... structure. Whereas, the instant case is
governed by Section 7A of MOFA, which pertains to construction
of additional structures. Once the developer has disclosed
legislature also introduced,
by way of abundant caution, Section 7A in MOFA, which provided that
the deleted words, namely, "or construct any additional structures ... amendment of Section 7(1)(ii) and introduction of
Section 7A in MOFA. The trial court did not consider the impact of the
other part
this connection, reliance
was placed on the provisions of Section 7A of MOFA.
3. By the judgment and order dated 16th March 2006,
the learned ... promoter was not entitled to derive any benefit from Section 7A
of the MOFA and, as such, was not entitled to construct
additional building
they have not met the requirements of Regulation 28 . Therefore, Section 7A of MOFA cannot be availed by the builder/promoter. If that could ... take notice of that aspect of the matter considering Section 7A of MOFA. In these circumstances, the prima facie material on record shows that
flat
takers remains unfettered even after the
inclusion of Section 7A in MOFA. That obligation
remains unfettered even after the amendment
made in Section ... whether it
falls within the ambit of Section 7A of MOFA. As
stated above, under Section 7(1) after the lay
out plans and specifications
