I stay in a complex called Kores Nakshatra in Thane. I purchased the flat in Jan-2007. The agreement then suggested that there were to be 15 buildings in the complex & 2 gardens. Even the brochure suggested the same. In 2009 we got to know of the Builder's plans of constructing a new building in one of the gardens. We objected to the municipal corporation not to sanction the plans but eventually his plan got sanctioned. The corporation said that since the builder has constructed two public buildings for the corporation he was given additional TDR\FSI by the corporation. thats how they sanctioned the plans. We filed a case in lower court of Thane for injunction. Which has been rejected by the court today.
I want to know from the learned friends here if there is any substance in our case to go forward for further appeal.
Following points could be of use.
1) The society formation is not yet complete although he has started the process since October 2009.
2) The agreement contains blanket consent for whatever the builder may want to do.
3) His plan are sanctioned by TMC despite our objections.
4) The agreement does not say that its a phase-wise project. Building 16 was not part of the original layout plan.
5) Our Advocate did not come up with strong points during the hearing.
6) The judgement says that since the builder is the owner of the property he holds all rights over his land.
Your suggestions are awaited with curiosity.
Regards
Vitthal Patil
