In a recent court decision, Mr. Satish Murlidhar Inamdar and his wife, Swapna, lost their appeal against Mr. Amogh Sawant and others regarding a redevelopment project in Mumbai. Let's break down what happened.
The Inamdars bought apartments in a redevelopment project. However, the housing society ended the contract with their developer, Mr. Sawant, and hired a new developer. The Inamdars wanted to stop the new developer from making changes without their consent.
The court, led by Judge Kamal Khata, ruled against the Inamdars. Here's why:
No Rights for Third-Party Purchasers: The court decided that since the original developer’s contract was ended, the Inamdars, as buyers who were not part of the original agreement, have no rights against the housing society or the new developer.
Society Not Responsible as a Developer: The society isn’t considered a ‘developer’ under the Maharashtra Ownership Flats Act (MOFA), so they aren’t responsible for the agreements made by the developer whose contract was ended.
Inamdar’s Side: They argued that the society should be responsible as a developer and honor the agreements made by Mr. Sawant.
Court’s Stand: The court upheld previous decisions stating that once a developer’s contract is ended, any agreements they made don’t count anymore. The society and new developer aren’t required to follow these agreements.
The court’s decision focuses on protecting the rights of the housing society and its members over buyers who were not part of the original agreement. The Inamdars can only try to get compensation from the original developer, not the society or the new developer. The appeals and related requests were dismissed, and the Inamdars did not receive any temporary protection.
