JAYANTILAL INVESTMENTS Vs. MADHUVIHAR CO OPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) What are the rights and obligations of a promoter under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ("MOFA") is the question which has arisen for determination in this civil appeal.

(2.) On 26-8-1980 an agreement was arrived at between the vendors and the appellant herein (M/s. Jayantilal Investments Promoter) in respect of 8559.57 sqm. of land in CTS No. 1068 village Kandivili, Tehsil Borivili, Greater Mumbai. Subsequently, under a Revised Draft Development Plan, a 44 ft. wide road was indicated and, consequently, the area admeasuring 8559.57 sqm. stood divided. On account of this division, a plot admeasuring 6071 sqm. emerged as the suit land. On 16-11-1984 the appellant-promoter obtained NOC under S. 21(1) of the Urban Land Ceiling Act, 1976 ("ULC Act") permitting it to construct a building with 7 wings and 137 tenements for weaker section. The construction was to be made in accordance with the prevailing Municipal Regulations, Town Planning requirements and Statutory Regulations. On 21-10-1985 the lay out plan was sanctioned. It indicated 1 building with 7 wings. At that time, due to existence of a narrow road as access, the promoter was entitled only to FSI of 0.75. This plan was amended in 1986, 1987, 1989, 1992 and 1994 without any objection from the flat takers. At this stage, it may be mentioned that on 6-5-1986 the lay out plan was revised and approved with 5 wings having additional floors as well as FSI of 1.00 due to construction of 44 ft. wide DP road on the original plot admeasuring 8559.57 sqm. of land.

(3.) From time to time, agreements stood entered into between the appellant and the flat takers for sale of flats. These agreements are dated 7-12-1985, 11-4-1987, 18-1-1989, 30-4-1989, 27-7-1991 etc.