Browsing Tag

MOFA

11 posts
After two decades of legal battle, the Bombay High Court has ordered the vacation of three shops on a prime 450 sq yard open plot in Bandra, ruling that occupants inducted by the original lessee have no independent right once the head tenancy is terminated.

Homebuyers – Not Builders – Decide Whether a Society or Condominium Will Be Formed

In a landmark ruling, the Bombay High Court has held that builders cannot unilaterally decide whether a housing project will be a condominium or a cooperative society, reaffirming that homebuyers’ statutory rights prevail over developer discretion.
“The rates mentioned in the Ready Reckoner are basically for the purpose of collection of stamp duty and cannot be the basis for determination of the compensation for the lands acquired under the Land Acquisition Act,” the Bombay High Court reiterated while slamming the SLAO’s flawed approach and upholding enhanced compensation of ₹3.99 crore.

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.
In a win for Mumbai's elite flat owners, the Bombay High Court has reined in developers at The Imperial towers, freezing expansion to 2009 plans amid a 26-year slum rehab odyssey turned profit bonanza.

Bombay High Court Caps Construction at ‘The Imperial’ Tardeo, After Residents Object

In a win for Mumbai’s elite flat owners, the Bombay High Court has reined in developers at The Imperial towers, freezing expansion to 2009 plans amid a 26-year slum rehab odyssey turned profit bonanza.
In a sharp rebuke to misuse of public interest litigation, the Bombay High Court on April 8, 2026, dismissed a 13-year-old PIL challenging the redevelopment of a luxury tower on Altamount Road, calling it a private grievance disguised as a public cause. The court noted that the building was already constructed and partly occupied as per valid approvals, with no proven safety hazards.

Bombay High Court Shocker: Builder Can’t Form Two Societies in One Building

In a major ruling impacting mixed-use housing projects, the Bombay High Court has held that developers cannot form separate cooperative societies for residential and commercial units in the same building unless they are functionally and physically independent. The Court also declared the 2004 Maharashtra government circular permitting such practice as having no statutory force.
MahaRERA orders new developer to hand over flat and pay interest despite claiming it never received payment, holding both builders jointly liable in Mumbai Evergreen Woods case.

Can Homebuyers Stop a Builder from Loading Additional FSI After Decades of Handing Over Possession? Court Says No

The Bombay High Court’s November 7, 2025, ruling allows Jaydeep Developers to build Wing C5 in Mumbai’s Lok Everest project, rejecting homebuyers’ objections. Citing 1993 disclosures, the court upheld the developer’s right to additional FSI, emphasizing timely action under MOFA.