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.
We have gone for further appeal & the case is being heard in the Thane sessions court.
Following points could be of use.
1) The agreement contains blanket consent for whatever the builder may want to do.
2) 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.
In light of the recent HC judgement for madhuvihar society of Kandivali Mumbai, how strong our case appears ?
In this case, the HC has refused to upheld the consent in the agreement.
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