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Bombay HC Simplified New Promoter Transition for Consent Rule

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Order dated 9.9.2025 of the High Court of Bombay in Writ Petition No.1673 of 2025 of Tuvin Constructions LLP  Vs.  State of Maharashtra and another

 On 20.3.2014, Vilas Vaibhav Coop Housing Society had executed development agreement and Power of Attorney with M/s. Aditya Developer (erstwhile developer).

 On 28.11.2023, by the Arbitral Award, the erstwhile developer was terminated.

 On 3.10.2024, the Society has executed development agreement and the Power of Attorney in favour of the petitioner. ‘

 The petitioner applied to MahaRERA for the change of promoter and for registration of the project

 On 4.3.2025, MahaRERA directed the petitioner for 2/3rd consent from the allottees of the erstwhile developer.

 HELD that there is no privity of contract between the Society or new Developer with third party purchasers claiming through the erstwhile developer.   The Society cannot be considered as co-promoter.  Any allottee of the erstwhile developer cannot make a claim against a new developer who is appointed as per the new development agreement and the Power of Attorney.  The petitioner is entitled to dispensation of the condition of obtaining consent of 2/3rd allottees of the erstwhile developer for changing the name of the promoter i.e. from the erstwhile developer to that of the petitioner.

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