Browsing Tag

housing society victory

4 posts
Bombay HC dismisses plea: Basement & parking not a 'flat' under MCS Act → no membership in coop society. Justice Borkar upholds strict sanctioned-plan rule.

Developer Asked to Get OC or Pay Rs 129 Crore in Damages to Housing Society

Bombay High Court has upheld the arbitral award directing developer Lotus Logistics to obtain Occupation Certificate for Evertop Apartments rehab wing within extended 9 months — or pay ₹128.98 crore damages for shifting rehab FSI through fictitious “open-to-sky ducts” in revised plans, calling it an act of “deceit and misrepresentation”.
The Maharashtra Real Estate Appellate Tribunal has ruled that RERA does not allow homebuyers to return a flat and seek refund after taking possession, holding that acceptance of possession closes the exit route under Section 18 of the Act.

Big Win for Housing Society: Appellate Tribunal Overturns MahaRERA Status Quo in Chembur Project

The Maharashtra Real Estate Appellate Tribunal has overturned a MahaRERA order imposing status quo on the redevelopment of Building No. 22 in Chembur’s Subhash Nagar, delivering a major win for Chembur Shivsmruti Cooperative Housing Society and allowing progress with new developer Adityaraj Housing Corporation.
It mentions one ground from the original suit: the society's bona fide requirement for demolition and reconstruction to provide housing for members (a common redevelopment-related plea under rent laws).

One of Mumbai’s Longest-Running Property Disputes has Ended

After five decades of legal battle, the Bombay HC has ruled in favour of Manglorian Garden Homes Society, restoring an eviction decree against alleged illegal occupants of Kalyanpur House in Bandra and rejecting claims based solely on long possession.
The Bombay High Court has set aside the registration of a developer-backed co-operative housing society in a Baramati project, ruling that authorities acted illegally by bypassing a pending purchaser-led application under MOFA and creating a fait accompli.

Builder Sold Flats, Disappeared for 40 Years – Bombay High Court Finally Gives Ownership to Residents

After selling flats in the 1980s, the landowner vanished for 40 years. Residents formed their own society, paid taxes, and maintained the buildings themselves. When the original owner finally claimed the land back, Bombay High Court threw out the case with costs and declared: the residents are the real owners. A historic victory for flat buyers across Maharashtra.