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Redevelopment & new Developer – NOC of earlier Developer

July 20, 2025 legaldeli

The petitioner – society is the owner of the land and the building of ground plus three upper floors (13 flats). On 20.12.2010, the Development Agreement was executed and the Meeti Developers was appointed for redevelopment for 14 new flats. The members vacated their flats in 2015 and the new building was to be completed in 2018. However, Meeti Developers could not complete the project and defaulted on several obligations of the agreement including non-payment of municipal taxes.

In 2023, the agreement was terminated. This was not challenged.

On 15.3.2024, Development Agreement with Respondent No.4 Bendtech was executed. However, the Respondent Nos.2 and 3 insist for NoC of Meeti Developers for redevelopment by new developer.

Admittedly, NCLT proceedings are pending against Meeti Developers and Respondent No.6 is appointed as Resolution Professional.

HELD that such situations are required to be salvaged and the redevelopment project ought not to be stalled or delayed for NOC of the old developer. NOC needs to be revalidated in favour of the new Developer. The project cannot be stalled indefinitely

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