The Bombay high court has declined to grant relief to Mana Builders and Developers who failed to take any steps for more than two years to get the construction plans for redevelopment of Firdous Park Cooperative Housing Society approved and obtain Intimation of Disapproval from BMC.
Justice SJ Kathawalla noted that the development agreement had been executed by the housing society in favour of the builder in March 2008, but the developer did not take any further step despite the society extending every co-operation to the developer.
Mana Builders and Developers had approached the high court in April 2011 seeking specific performance of the development agreement. They also filed a plea for interim orders restraining the housing society from appointing some other developer. The developer had contended that the delay was a result of the housing society failing to obtain individual agreements from each of its members.
The judge, however, found that during the initial stage, the developer himself had informed the society that he had entered individual agreements with its members, and each of the members had consented for the redevelopment work. Justice Kathawalla, therefore, concluded that the housing society was not under any obligation to get individual agreements executed by each of its members.
The judge further noted that at a particular stage prior to filing of the suit, the developer was not ready and willing to perform its obligations as agreed under the development agreement, and therefore, the developer was not entitled to any relief. The housing society, which has 138 members and a plot admeasuring 5,335 square meters, had decided to go for redevelopment as its building was dilapidated, and the BMC had issued notices for its demolition.
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