In a recent decision, the Bombay High Court, led by Judge Kamal Khata, turned down the requests of flat buyers who wanted to stop construction on a disputed redevelopment project in Kurla, Mumbai.
The people appealing, Mr. Satish Murlidhar Inamdar and Mrs. Swapna Satish Inamdar, are flat buyers in a redevelopment project that was originally managed by developer Mr. Amogh Sawant. The project, located in Nehru Nagar, Kurla, is overseen by the Nehru Nagar Vidyut Vilas Co-operative Housing Society Ltd. The society ended its contract with Mr. Sawant and hired a new developer, M/s. Kabra Infrastructure and Developers LLP.
The appellants claimed they had rights through agreements with the previous developer. They wanted the court to stop any construction or sale of flats by the new developer without their permission.
"The appellants are flat buyers in the redevelopment project started by Nehru Nagar Vidyut Vilas Co-operative Housing Society Ltd. through Mr. Amogh Sawant, the former developer."
The court rejected these requests, explaining that the appellants' rights depended on the developer's existing rights. Since the society had legally ended the developer's contract, the appellants' claims were not valid.
Judge Khata stressed that the society could not be considered a 'promoter' under the Maharashtra Ownership Flats Act (MOFA) and was not responsible for the duties of the previous developer.
"The consistent view of this Court is that buyers who claim through a developer whose contract has been ended cannot enforce any rights against the Society or the new developer."
The decision mentioned several previous rulings, including Vaidehi Akash Housing Pvt. Ltd. and Goregaon Pearl CHSL, which confirmed that buyers have no enforceable rights once a developer's contract is ended.
The court decided that the flat buyers do not have any rights to stop the construction or sale of flats because their agreements were with a developer whose contract was legally ended by the society.
