Owners consent must for loading extra FSI…….Anshika Misra
A developer cannot load additional Floor Space Index (FSI) on a plot without the consent of the flat owners of the housing society on the plot, the Bombay High Court has held.
In an interim order, the HC recently restrained Rushab Rikhav Enterprise and others from carrying out any construction, contrary to the building plan shown to members of Megh Ratan Cooperative Housing Society in Kurla at the time of purchasing the flats.
The Society had moved the HC alleging that the builder had modified the building plan to carry out additional construction using floating FSI or transferable of development rights (TDR). The proposed construction increased the plots FSI from 2794 sq mt to 4570 sq mt. This (increased FSI) was not disclosed to the flat purchasers, nor was their consent obtained for such additional utilisation of the FSI. Prima facie, this could not have been done without consent of the flat takers, justice DG Karnik said on June 25.
As per the Maharashtra Ownership of Flats Act, a promoter is required to declare to the flat purchaser the permissible FSI of the land and the actual FSI being utilised. In case the promoter utilises FSI of any other land or property as a floating FSI or TDR, he is required to disclose the same to the flat takers.
The original plan of the building, sanctioned in August 1987, showed building A as having three wings. Between the north and south wings of the building was a common recreation ground. This plan was modified in April 2007 after one wing of the building was built and occupied by flat owners. The modified plan did away with the remaining two wings and proposed the construction of a new building. Though the plot area remained the same, the permissible FSI was increased and the proposed built-up area increased from 2490.64 sq mt to 4460 sq mt.