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
Sections 3 and 4 on one hand with
Section 7 and 7A on the other hand as also Sections 10 and 11 of MOFA ... additional structure. Section 7 was accordingly amended. Section 7A was
accordingly inserted by Maharashtra Amending Act No. 36/86. Section 7A
was inserted in order
provisions of Section 7 of MOFA, which governs
addition, alteration to a structure. Whereas, the instant case is
governed by Section 7A of MOFA, which ... Tulzapurkar has submitted that Section 7A of
MOFA requires disclosure of the development potential under the
Agreement for Sale and does not require disclosure
provisions of Section 7 of MOFA, which governs
addition, alteration to a structure. Whereas, the instant case is
governed by Section 7A of MOFA, which ... Tulzapurkar has submitted that Section 7A of
MOFA requires disclosure of the development potential under the
Agreement for Sale and does not require disclosure
provisions of Section 7 of MOFA, which governs
addition, alteration to a structure. Whereas, the instant case is
governed by Section 7A of MOFA, which ... Tulzapurkar has submitted that Section 7A of
MOFA requires disclosure of the development potential under the
Agreement for Sale and does not require disclosure
arise after the amendment of Section 7(1)(ii) and introduction of
Section 7A in MOFA. The trial court did not consider the impact ... apart from the restrictions for development contained in Section 7
read with Section 7A of MOFA, the promoter's duty of disclosure and
keeping
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 ... Section 7 of MOFA, by amendment vide
Maharashtra Act 36 of 1986. It is further submitted that for
removal of doubt, Section 7A has been
consider the effect of Section 7A as introduced to the MOFA Act.
Section 7A was introduced for removal of doubts consequent to the substitution ... they have not met the requirements of Regulation 28 . Therefore, Section 7A of MOFA cannot be availed by the builder/promoter. If that could
Section 7 was accordingly amended. Section 7A
was accordingly inserted by Maharashtra
Amending Act No. 36/86. Section 7A was
inserted in order to make ... clear
when one reads the amended Section 7(1)(ii)
with Section 7A of the MOFA as amended.
Therefore, having regard to the Statement
MOFA prohibits additional
development or additional buildings per se. MOFA does not deal
with additional construction except in a positive sense in Section
7A ... been placed
before me on the correct interpretation of Sections 7 and 7A of
MOFA. A distinction is also sought to be made
