‘No extra FSI if builder delays conveyance’ | mumbai | Hindustan Times
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‘No extra FSI if builder delays conveyance’

A developer can't avail of residual and/or additional Floor Space Index (FSI) if he fails to execute conveyance — transferring the building along with the land in the name of the society — within the stipulated period, said the Maharashtra Consumer Disputes Redressal Commission.

mumbai Updated: Apr 01, 2011 01:43 IST
Kanchan Chaudhari

A developer can't avail of residual and/or additional Floor Space Index (FSI) if he fails to execute conveyance — transferring the building along with the land in the name of the society — within the stipulated period, said the Maharashtra Consumer Disputes Redressal Commission.

According to provisions of the Maharashtra Ownership of Flats Act, 1963, a developer has to execute conveyance within 4 months of the society’s registration.

A bench comprising Justice SB Mhase, president of the commission, and SR Khanzode, judicial member, restrained Ahuja Properties Pvt Ltd from additional construction in the compound of Shewa Apartment in Khar (West).

After the Development Control Regulations for the city were amended in 1991, and FSI up to 2 was permitted, Ahuja Properties had obtained permission from the civic body for utilising the additional FSI and some Transferable Development Rights (TDR) for Shewa Apartment.

The builder, however, had neither obtained completion certificate nor executed conveyance though the building was built in 1985 and the society registered in May 1989.