JAYANTILAL INVESTMENTS Vs. EXECUTIVE ENGINEER, BUILDING PROORAL (WS)

JUDGEMENT

(1.) The judgment and decree dated 31st March, 2004, in L. C. Suit No. 4385/1997, passed by the Judge, City civil Court, Greater Bombay gave rise to these two appeals. First Appeal No. 786/2004 has been preferred by the original plaintiffs, whereas first appeal No. 989 of 2004 has been preferred by original defendant no. 1.

(2.) The facts which are not in dispute for the purposes of the appeals can be stated thus:. Plaintiff No. 1 Madhu Vihar Co-operative Housing society Ltd. (hereinafter referred to as the "society") is registered on 20/1/1993 under Maharashtra co-operative Societies Act, 1960. Plaintiff No. 2 to 6 (hereinafter referred to as the "flat purchasers") are some of the members of the said Society. Defendant No. 1 m/s Jayantilal Investment (hereinafter referred to as the "promoter") is a partnership firm carrying on the business as builder/developer. Defendant No. 2 is the municipal Corporation of Greater Bombay and is an authority under The Maharashtra Regional and Town planning Act, 1966; The Urban Land (Ceiling and regulation) Act, 1976 and The Development Control regulations for Greater Mumbai, 1991 Defendant No. 3 is serving as Executive Engineer with defendant No. 2.

(3.) The land bearing CTS No. 1068/1 admeasuing 6071. 00 sq. meters situated at Kandivali (West) , mumbai-400 067 is owned by Joseph Francis Mendes and mrs. Juliet Wd/o Paul Cyprian Mendes. The promoter obtained the said land for construction and development. The said land was permitted to be developed under section 21 of the Urban land (Ceiling and Regulation) act, 1976. On 21/10/1985 a plan for development of the said land was approved by the authority to commence the construction of the scheme known as "madhu Virar". Some persons including plaintiff Nos. 2 to 6 entered into agreements with the promoter to purchase flats from the scheme. During construction revised plans were submitted by the promoter and were approved by the concerned authority. Accordingly 126 flats and 12 shops were constructed. On 12/4/1989, defendant No. 3 issued occupation certificate. The promoter delivered possession of the flats/shops to the purchasers.