The court held that the provisions of MOFA, are statutorily excluded from applying to MMRDA lands and properties.(HT photo)
The court held that the provisions of MOFA, are statutorily excluded from applying to MMRDA lands and properties.(HT photo)

MOFA doesn’t apply to MMRDA land: Bombay HC on key legal point raised by flat buyers

Association of flat purchasers from Oshiwara District Centre (ODC) filed a case against the developer, Pagarani Universal Infrastructure Pvt. Ltd., claiming it had no right over any additional floor space index available on the property and cannot make any additional construction on the property without their consent.
By Kanchan Chaudhari | Edited by Abhinav Sahay | Hindustan Times, Mumbai
UPDATED ON DEC 03, 2020 10:28 AM IST

The Bombay high court has refused to stay the construction of an additional residential-cum commercial wing at Universal Garden-1 at Oshiwara west, observing that the purchasers of flats on land belonging to the Mumbai Metropolitan Region Development Authority (MMRDA) cannot invoke provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act (MOFA), 1963.

The plea was moved by the association of flat purchasers from Oshiwara District Centre (ODC). Justice AK Menon said no relief can be granted to the flat owners’ welfare association and its 97 members by invoking provisions of the 1963 enactment.

“On a plain reading of Section 31, with Schedule-II of the MMRDA Act, it becomes clear that MOFA does not apply to MMRDA or any land or building belonging to or lands vested in the authority,” said justice Menon.

The association and its members have filed a suit against the developer, Pagarani Universal Infrastructure Pvt. Ltd., for a declaration that the developer had no right over any additional floor space index available on the property and cannot put up any additional construction on the property without their consent.

They had moved a plea for urgent interim injunction against the developer for stopping the ongoing construction of an additional wing, a residential-cum commercial building, on the property, after MMRDA issued the commencement certificate for construction of ground plus eight upper floors to the developer.

The association and its members contended that the developer had exploited to the fullest the development potential of the land available at the time, and had no right to construct a new building without their consent. They asserted that the permission granted by MMRDA, allowing the developer to utilise additional FSI, was illegal for being without their consent.

They insisted that MOFA was applicable to their case, as their agreements with the developer referred to several provisions of the 1963 enactment, although the MMRDA Act, 1986, specifically excluded applicability of MOFA to the lands and properties belonging to the authority.

HC refused to accept the argument, holding that the provisions of MOFA, statutorily excluded from applying to MMRDA lands and properties, could not be invoked by the association and its members.

The judge rejected the argument advanced on behalf of the association that the developer was bound by the obligation under MOFA because of the terms of their contract with the developer.

Also Read: 15-week transformation for Navi Mumbai mangroves: 7,000kg trash removed

HC also noted that there were clauses in the agreement, clearly indicating that the consumption of future FSI would not be affected by terms of the agreement and the developer will have an absolute right to additional construction or consume any balance FSI or TDR on the property.

Prima facie, the judge said, these clauses may appear to be contrary to the settled legal position, as contemplated under section 7 of MOFA, that once flat purchasers are put in possession and the time for formation of society is expired, developer cannot exploit the land over and above what is disclosed to the flat purchasers, without their consent.

“These are aspects which would come into play only if provisions of MOFA are applicable,” said justice Menon.

The single judge bench was also of the opinion that perhaps there was no contravention of section 7 of MOFA in this case, as some clauses in flat purchasers agreements with the developer showed that he was constructing wing A and intended to make further construction in future.

“Each of the agreements for sale are said to make reference to buildings that are yet to be constructed,” said the court. “The construction now underway is therefore clearly fitting the description of the further construction that was contemplated in the said annexure which forms part of the agreements for sale,” the judge noted.

SHARE THIS ARTICLE ON
app
Close
People celebrate the gram panchayat election results in Bhiwand, on Monday, January 18, 2021. (Praful Gangurde/HT Photo)
People celebrate the gram panchayat election results in Bhiwand, on Monday, January 18, 2021. (Praful Gangurde/HT Photo)

Maharashtra gram panchayat polls: BJP, Congress, Shiv Sena, NCP claim victory

By Surendra P Gangan and Pradip Kumar Maitra, Mumbai
PUBLISHED ON JAN 19, 2021 01:44 AM IST
Amid claims of victory by all four key parties in Maharashtra, partners in the ruling Maharashtra Vikas Aghadi – Shiv Sena, Nationalist Congress Party (NCP) and Congress – won 58% of the 12,711 gram panchayats that went to polls on January 15
Close
As per data shared by the education department, 50 students scoring 90% and above were admitted in the first phase that concluded last week. (HT Photo)
As per data shared by the education department, 50 students scoring 90% and above were admitted in the first phase that concluded last week. (HT Photo)

Mumbai: Over 800 students with 80% and above secure FYJC seats after five admission rounds

By Ankita Bhatkhande, Mumbai
PUBLISHED ON JAN 19, 2021 01:39 AM IST
More than 800 students who secured 80% and above in their SSC board (Class 10) exams in 2020 secured admissions to junior colleges in the Mumbai Metropolitan Region (MMR) under the ongoing first-come, first0served (FCFS) rounds
Close
State industry minister Dilip Walse-Patil on Monday rejected the company’s closure application. (HT FILE)
State industry minister Dilip Walse-Patil on Monday rejected the company’s closure application. (HT FILE)

Maharashtra govt rejects General Motors’ plea to close Talegaon plant

By Kanchan Chaudhari, Mumbai
UPDATED ON JAN 19, 2021 01:35 AM IST
The employees’ union had contended that the Talegaon plant was sold by the company to Great Wall Motors (GWM), a Chinese auto giant, but a closure application was filed with the state government to get rid of the employees working at the plant
Close
Metro-4 work at Ghodbunder Road in Thane. (Praful Gangurde/HT Photo)
Metro-4 work at Ghodbunder Road in Thane. (Praful Gangurde/HT Photo)

Mumbai Metro-4 coaches: Bombardier lowest bidder, Chinese manufacturer ‘non-responsive’

PUBLISHED ON JAN 19, 2021 01:31 AM IST
Canadian company Bombardier has emerged as the lowest bidder for manufacturing 234 coaches for the Metro-4 (Wadala-Thane-Kasarvadavli) and its extension line 4A (Kasarvadavli-Gaimukh)
Close
Kangana Ranaut had filed a petition seeking quashing of a sedition case filed against her and her sister by Bandra Police on an order by the magistrate. (ANI)
Kangana Ranaut had filed a petition seeking quashing of a sedition case filed against her and her sister by Bandra Police on an order by the magistrate. (ANI)

Application seeking action for contempt against Kangana Ranaut filed in Bombay HC

By HT Correspondent, Mumbai
PUBLISHED ON JAN 19, 2021 01:28 AM IST
An interim application has been filed in the Bombay high court (HC), seeking initiation of contempt proceedings against actor Kangana Ranaut for lowering the dignity of the court by tweeting and posting a video of her visit to Bandra police station on January 8
Close
On January 15, the university’s Fort campus witnessed high-power drama as Ramdas Atram was not allowed to take his post by vice-chancellor Suhas Pednekar. (Hindustan Times)
On January 15, the university’s Fort campus witnessed high-power drama as Ramdas Atram was not allowed to take his post by vice-chancellor Suhas Pednekar. (Hindustan Times)

Senate member files petition against new University of Mumbai registrar

By HT Correspondent, Mumbai
PUBLISHED ON JAN 19, 2021 01:25 AM IST
Days after the new registrar took charge at the University of Mumbai (MU) amidst protests from several university officials including the vice-chancellor, a senate member on Monday moved the Bombay high court (HC) against the government appointment
Close
A health worker takes a selfie while receiving the Covid-19 vaccine at KEM Hospital in Mumbai. (HT File Photo)
A health worker takes a selfie while receiving the Covid-19 vaccine at KEM Hospital in Mumbai. (HT File Photo)

Mumbai civic body to restart vaccination drive from Tuesday

By Mehul R Thakkar, Mumbai
PUBLISHED ON JAN 19, 2021 01:24 AM IST
While the civic body claimed the application is now functional and they are undertaking tests by sending text messages to vaccine beneficiaries, it plans to conduct the vaccination drive only four days a week — Tuesday, Wednesday, Friday and Saturday.
Close
(Representative image) The demolition drive is part of ongoing efforts to curb emissions from Kalbadevi processing unit chimneys. (Biplov Bhuyan/HT PHOTO)
(Representative image) The demolition drive is part of ongoing efforts to curb emissions from Kalbadevi processing unit chimneys. (Biplov Bhuyan/HT PHOTO)

BMC demolishes chimneys of Kalbadevi gold processing units after complaints of pollution

By Priyanka Sahoo, Mumbai
PUBLISHED ON JAN 19, 2021 01:21 AM IST
Around 40 chimneys at gold processing units in Kalbadevi have been demolished by the Brihanmumbai Municipal Corporation (BMC) in the past month following complaints of pollution from residents in the area
Close
HT Image
HT Image

Mumbai EOW registers FIR against Telugu channel for causing loss to actor-producer

By Vijay Kumar Yadav, Mumbai
PUBLISHED ON JAN 19, 2021 01:19 AM IST
The economic offences wing (EOW) of the Mumbai Police has registered a first information report (FIR) against a Telugu broadcaster following a complaint lodged by actor-producer Deepti Bhatnagar alleging violation of her copyrights by illegally broadcasting her show Yatra.
Close
A medic administers a Covid-19 vaccine to a healhcare worker at BKC in Mumbai. (HT File Photo)
A medic administers a Covid-19 vaccine to a healhcare worker at BKC in Mumbai. (HT File Photo)

Maharashtra all set to restart Covid-19 vaccination drive from Tuesday

By Faisal Malik, Mumbai
PUBLISHED ON JAN 19, 2021 01:18 AM IST
Maharashtra is all set to restart the Covid-19 vaccination drive after a gap of two days. From now on, it is going to be conducted four days in a week — Tuesday, Wednesday, Friday and Saturday.
Close
A medic administers a dose of Covishield vaccine to a health worker at BYL Nair Hospital in Mumbai. (HT FILE)
A medic administers a dose of Covishield vaccine to a health worker at BYL Nair Hospital in Mumbai. (HT FILE)

Two mild cases of AEFI reported in Mumbai after Covid-19 vaccination

By Rupsa Chakraborty, Mumbai
PUBLISHED ON JAN 19, 2021 01:15 AM IST
Two mild adverse events following immunisation (AEFI) have been reported in Mumbai after taking Covishield vaccine on Saturday, first day of the nationwide mass inoculation programme. Both the healthcare workers have been kept under observation in hospitals. As per doctors, they are stable and will soon be discharged.
Close
The Maharashtra Vikas Aghadi (MVA) government on January 6 formed a nine-member committee under state chief secretary Sanjay Kumar to look at alternate plots for building the car shed for Metro-3 and Metro-6. (Pratik Chorge/HT PHOTO)
The Maharashtra Vikas Aghadi (MVA) government on January 6 formed a nine-member committee under state chief secretary Sanjay Kumar to look at alternate plots for building the car shed for Metro-3 and Metro-6. (Pratik Chorge/HT PHOTO)

Maharashtra government-appointed panel appointed to suggest alternate Metro car shed visits Aarey and Kanjurmarg

PUBLISHED ON JAN 19, 2021 01:15 AM IST
The nine-member committee appointed by the Maharashtra government to take a call on the Metro-3 (Colaba-Bandra-Seepz) and Metro-6 (Swami Samarth Nagar-Vikhroli) car shed, on Monday visited the Aarey and Kanjurmarg plots to look at the proposed sites
Close
For representational purpose only. (HT FILE)
For representational purpose only. (HT FILE)

Mumbai: Oshiwara police arrests two rape accused

By HT Correspondent, Mumbai
PUBLISHED ON JAN 19, 2021 01:11 AM IST
The two accused, who were absconding, were arrested from their respective villages in Haryana and Rajasthan.
Close
Aaditya Thackeray proposed the cycle track and has asked the civic administration to check the feasibility of this project. (Pratik Chorge/HT Photo)
Aaditya Thackeray proposed the cycle track and has asked the civic administration to check the feasibility of this project. (Pratik Chorge/HT Photo)

Mumbai civic body plans 5-km cycle track between Mahim fort and Bandra fort

By HT Correspondent, Mumbai
PUBLISHED ON JAN 19, 2021 01:11 AM IST
The Brihanmumbai Municipal Corporation (BMC) is planning to construct a cycle track along the beach between Mahim and Bandra forts, spanning 5km
Close
The increase in fuel prices is due to an increase in the cost of crude oil throughout last week. (REUTERS)
The increase in fuel prices is due to an increase in the cost of crude oil throughout last week. (REUTERS)

Petrol rises to 91.56/L, diesel to 81.87 as fuel prices continue to soar in Mumbai

By Aroosa Ahmed, Mumbai
PUBLISHED ON JAN 19, 2021 01:08 AM IST
Fuel prices in Mumbai reached an all-time high on Monday
Close
SHARE
Story Saved
OPEN APP