M/S.JAYANTILAL INVESTMENTS vs MADHUVIHAR CO-OP HSG.SOC. .

The Supreme Court addressed the rights and obligations of promoters under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). The Court held that the retrospective amendment of Section 7A of MOFA, which excluded 'additional structures' from the requirement of consent of flat takers, was valid and applicable to the promoter's case. The judgment clarified that the promoter's actions in amending the layout plans and obtaining necessary approvals were in accordance with statutory regulations, thus upholding the promoter's rights to proceed with construction despite financial constraints.