The Maharashtra Real Estate Appellate Tribunal (MahaREAT) has ordered the demolition of an additional Wing E constructed at the Parshvadhara housing project in Ambernath, ruling that the promoters could not undertake the extra construction without obtaining informed consent from the homebuyers.
The tribunal also directed the promoters to pay a Rs 10 lakh penalty for violations of the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Maharashtra Ownership Flats Act, 1963 (MOFA).
As part of its order, MahaREAT instructed the promoters to restore the playground, garden, children’s play area, recreation ground and other open spaces in accordance with the original 2015 sanctioned plan. The promoters were also directed to execute and register the conveyance deed for the 3,870 sq m project land, including common areas and open spaces, within 90 days.
Dispute Over Additional Wing
The project’s 2015 sanctioned plan, which had been shown to purchasers, contained four wings — A, B, C and D. The project was subsequently completed in line with that plan and occupation certificates were obtained.
However, in July 2021, the promoters obtained a revised plan under the new Development Control and Promotion Regulations (DCPR), introducing an additional Wing E.
The housing society challenged the construction, alleging that the revised development affected areas originally designated for recreation and open spaces. It also claimed that the garden was shifted onto two-wheeler parking space and that the meter room and society office in Wing D were converted into saleable parking. Concerns were also raised over insufficient water connections and the failure to execute conveyance.
MahaRERA had earlier directed the promoters to secure additional water connections, regularise the project under the 2021 revised plan and obtain the required two-thirds consent of allottees, while restricting further construction until such consent was secured.
The society, represented by advocate Nilesh Gala, challenged that order before MahaREAT, while the promoters also filed an appeal.
Planning Approval Not a Substitute for Consent
MahaREAT held that additional structures can be built without separate consent only when they have been fully and clearly disclosed in the layout plan and agreements for sale. Where such construction was not disclosed to purchasers, prior consent is required under Section 7 of MOFA and Section 14 of RERA.
The tribunal noted that the original 2015 plan and the architect’s certificate indicated that almost the entire permissible FSI of the project land had already been utilised.
The promoters argued that clauses in the sale agreements amounted to consent for future construction or changes to the plans using additional FSI or TDR.
The tribunal rejected this argument, holding that broad or blanket clauses did not amount to informed consent, as the purchasers had not been specifically told about the additional wing, the quantum of TDR to be used or the proposed utilisation of FSI from other land or properties.
The ruling reinforces the principle that subsequent planning approval alone cannot override the statutory and contractual rights of homebuyers when materially altering a project after sale commitments have been made.
Source: Times of India
