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The Bombay High Court has granted Sheth Developers permission to complete Building No. 8 in the Vasant Lawns project, Thane, after quashing a previous injunction by the district court. The injunction had halted construction due to disputes over revised plans and allegations of non-compliance with the Maharashtra Ownership Flats Act (MOFA). The High Court found the societies' demands to revert to the 2005 plan impractical and highlighted that further delays would harm the developer and flat purchasers. The developer must finish construction within six months and apply for the Occupancy Certificate thereafter.
The Bombay High Court has permitted Sheth Developers to resume and complete the construction of Building No. 8 in the Vasant Lawns project located in Thane's Panchpakhadi area. The court instructed the developer to finish the remaining work within six months and apply for the Occupancy Certificate (OC) upon completion. Advertisement
The ruling came while addressing three writ petitions contesting a prior district court order that had temporarily prohibited the developer from continuing construction and directed the Thane Municipal Corporation (TMC) to withhold further permissions. The petitions were filed by Sheth Developers, TMC, and individual flat purchasers, who argued that the injunction had caused financial strain and distress to over 126 flat buyers.
The disputes date back to a 2005 project plan that was revised several times, sparking objections from seven housing societies representing flat purchasers of completed buildings. The societies alleged that the developer had misused the plot's potential by revising plans and exploiting additional Floor Space Index (FSI) and Transfer of Development Rights (TDR) without proper consent. They claimed these actions violated the Maharashtra Ownership Flats Act (MOFA) and demanded a reversion to the original 2005 plan.
Sheth Developers defended their revisions, asserting that all changes were legally sanctioned by TMC and compliant with development regulations. They also argued that the societies had previously benefited from similar amendments and that further delays would irreparably harm bona fide flat buyers of Building No. 8. The TMC supported this stance, adding that the societies' legal challenge was procedurally flawed.
The High Court criticised the societies for delaying their objections to the revised plans and ruled that reverting to the 2005 blueprint was impractical. The court observed that halting construction would adversely affect flat purchasers and noted that the revised plans had increased green spaces in compliance with regulations.
The court overturned the district court's injunction and upheld an earlier trial court decision that denied a temporary injunction sought by the societies. Additionally, it set aside a directive for an inquiry into municipal officers who approved the revisions. Emphasising that the project adhered to legal standards, the court directed expedited proceedings for the main suit, leaving all arguments open for trial.
By addressing key objections and affirming the legality of the revised plans, the court has prioritised the interests of flat buyers who have invested significantly in the project. The judgment also underscores the importance of resolving disputes efficiently to prevent unnecessary delays in large-scale developments. Moving forward, the trial court will expedite the main suit to address unresolved concerns.
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