Mumbai: Maharashtra Real Estate Appellate Tribunal (MREAT) has ordered the demolition of an additional wing constructed in the Parshvadhara project in Ambernath, holding that the promoters cannot proceed with construction without the informed consent of the allottees.The tribunal also directed the promoters to deposit a Rs 10 lakh penalty for violations of the provisions of the Real Estate (Regulation and Development) Act (RERA), 2016 and the Maharashtra Ownership Flats Act (MOFA), 1963. It directed the promoters to restore the playground, garden, children’s playground, recreation ground and open spaces as per the 2015 plan, and execute and register the conveyance deed for the 3,870 sq m project land, including the open spaces and common areas, within 90 days. The promoters were also directed to pursue the matter with the authorities concerned to increase the water connections as per Maharashtra Jeevan Pradhikaran norms.The sanctioned plan of 2015 shown to the allottees comprised four wings, and the project was completed as per the 2015 plan, with occupation certificates also obtained for the same. However, in July 2021, the promoters obtained a further revised plan under the new DCPR rules, introducing an entirely new Wing E. The housing society alleged that the garden had been shifted onto two-wheeler parking and that the meter room and society office in Wing D had been converted into saleable parking. It also raised concerns over inadequate water connections and the non-execution of the conveyance deed.MahaRERA, in its order, had directed the promoters to secure water connections, regularise the project as per the 2021 revised plan following due process and obtain two-thirds allottee consent, besides restraining further construction pending such consent. The housing society, represented by advocate Nilesh Gala, challenged the order before MREAT, while the promoters also filed an appeal.The tribunal held that additional structures can be constructed without flat purchasers’ consent only if they are fully and truly disclosed in the layout plan and agreements for sale. If not disclosed, prior consent is required under Section 7 of MOFA and Section 14 of RERA. It noted that the 2015 sanctioned plan and the architect’s certificate showed that almost the entire FSI of the project land had been consumed.The promoters contended that clauses in the agreements amounted to consent to construct additional structures or amend plans to utilise FSI at a later stage.The tribunal rejected this, holding that the blanket consent did not constitute informed consent as the promoters had not disclosed the entire project, the quantum of TDR proposed to be used or details of FSI from other land or property.
