Section 7(1)(ii) read with Section 3(2)(c) and 4(1A)(a)(i) of MOFA.
Exhaustion of Development potential of the building and the entire lay out. No further construction is permissible without the informed written consent of 100% of the flat purchasers.
Whether the developer has exhausted the development potential of the land as disclosed to the flat purchasers at the time of agreement and whether the attempt of the developer now to utilize more FSI on the plots on account of its increase is illegal and contrary to MOFA.
The plaintiff is society of 309 flat purchasers occupying building no.4
consisting of four wings, B1, B2, C1 and C2 connected with each other.
The lay out plan of 1993 was mentioned in the Agreement of Sale executed by the Developer. This was not disclosed to the society and varied from copy of the layout plan annexed to the agreement.
Defendant No.1 has sought to utilize more FSI on the subject plot on account of increase in FSI due to a change in law.
Admittedly, the 1993 layout plan was disclosed to the flat purchasers. The layout plan of 1995 was not disclosed to the flat purchasers.
Judgment dated 7.11.2025 of the High Court of Bombay in Interim Application No.308 of 2019 in Suit NO.191 of 2023 of Jaydeep Developers Vs. Lok Everest Coop. Housing Society Ltd.with connected matters.
HELD that the flat purchase agreements providing for formation of the society and conveyance after entire property was developed or full payment was received was not contrary to sections 10 and 11 of MOFA.
