MahaREAT Orders Demolition Of Unauthorised Wing At Badlapur Project

The Maharashtra Real Estate Appellate Tribunal (MahaREAT) has ordered the demolition of an additional wing constructed at a housing project in Badlapur, citing that the developer did not obtain the consent of homebuyers before making the changes.

The case involves the Parshvadhara Complex ABCD Co-op. Hsg. Soc. Ltd., where homebuyers challenged the construction of Wing E, which was not part of the original plan disclosed to them. The sanctioned plan dated April 4, 2015, only included four wings - A, B, C, and D.

The developer, Parshwanath Developers, obtained a revised plan on July 2, 2021, introducing Wing E without the consent of the society or its allottees. The occupation certificates were issued for Wings B, C, and D on January 29, 2019, and for Wing A on October 7, 2022, completing the project according to the 2015 plan.

The society alleged that the revised construction affected spaces originally earmarked for recreation, open areas, and parking. They also claimed that the garden had been shifted onto two-wheeler parking space, and the Wing-D meter room and society office had been converted into saleable parking.

The tribunal's ruling emphasizes that developers must ensure that any proposed additional structure is properly disclosed to buyers and that the statutory requirement of prior informed consent is complied with. The order was passed on September 7 by a bench comprising Chairperson S.S. Shinde and Member (A) Shrikant M. Deshpande.

The MahaREAT has also imposed a penalty of Rs 10 lakh for violations of the Real Estate (Regulation and Development) Act, 2016, and the Maharashtra Ownership Flats Act (MOFA). This judgment could have wider implications for redevelopment and real estate projects in the state.

The tribunal's decision is a significant warning to developers that obtaining approval for a revised building plan from the planning authority may not be enough if the proposed additional construction was not disclosed to homebuyers and their prior informed consent was not obtained.

This case highlights the importance of transparency and disclosure in real estate transactions. Homebuyers have the right to know about any changes to the original plan, and developers must obtain their consent before making any alterations.

The MahaREAT's order is a victory for the homebuyers of Parshvadhara Complex ABCD Co-op. Hsg. Soc. Ltd., who had been fighting against the unauthorized construction. The demolition of the additional wing will ensure that the project is completed according to the original plan, and the homebuyers' rights are protected.

In conclusion, the MahaREAT's judgment is a significant step towards protecting the rights of homebuyers in Maharashtra. It emphasizes the importance of transparency, disclosure, and consent in real estate transactions, and serves as a warning to developers who attempt to make unauthorized changes to their projects.