In a recent court battle, the Lok Everest Co-Op Housing Society took on Jaydeep Developers over construction rights. The Bombay High Court had to decide if the developers could build more on the land than initially agreed. Here's what happened.
Background: What’s the Dispute?
The Lok Everest Society, a group of apartment owners, argued that Jaydeep Developers had used up all the building potential of their land. They claimed the developers wanted to build more by using extra space rights (FSI) due to a change in law, which they said was against the Maharashtra Ownership Flats Act (MOFA).
The Legal Journey: Agreements and Plans
- Initial Agreements: The land in question is part of a larger plot. The initial building rights were granted in 1990, and over the years, several agreements and plans were made and changed.
- Development Plans: Jaydeep Developers had built buildings 4 and 5, but now wanted to add a new section (C5) to Building 5. The Lok Everest Society said this wasn't part of the original plan shown to them.
Court’s Consideration: Key Points
- Disclosure of Plans: The society argued that they were not shown the complete plans when they bought their apartments. They claimed Jaydeep Developers didn’t reveal the full potential of the land.
- Use of Extra FSI: Jaydeep Developers wanted to use additional FSI that became available due to a change in law. The society opposed this, saying it went beyond what was originally agreed.
Court’s Decision: What Did Judge R.I. Chagla Say?
- 1993 vs. 1995 Plans: The court found that the 1993 plan, which included the construction of Wing C5, was shown to the buyers. The 1995 plan, which the society relied on, didn’t take away Jaydeep Developers' rights to build more.
- Phase-Wise Development: The court agreed with Jaydeep Developers that the project could be completed in phases, as originally shown.
- FSI Rights: Jaydeep Developers were allowed to use the additional FSI under the new law, as the society had agreed to this in their purchase agreements.
Summary of the Verdict
The court dismissed the society's request to stop construction, allowing Jaydeep Developers to proceed with building Wing C5, but only as a 16-floor structure, not the 22 floors they initially planned. The court emphasized that Jaydeep Developers had revealed their plans adequately and had a right to use the extra FSI.
