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Revised planning permission # cmda

(Querist) 29 November 2018 This query is : Resolved 
Dear Sirs/ Madame, A builder initally obtained planning permission for 5 Blocks with 900+ Dwelling units with FSI of 2.08 from CMDA in 2009. Sold approx 450 units by Mar 2013. Can a builder apply and CMDA approve revised planning permission with Premiums FSI, revised with 2.802, for 1400+ dwelling units and 7 blocks, by 2013, without consent of buyers who bought/sale deed registered based on initial PP.
How the UDS would be calculated for first 900+ units if total plot area minus OSR( proportionately)
How the builder can alter UDS based on revised PP and 1400+ units,post 2013, if already those 450+ got UDS registred based on 992 Units during 2009-2013.
Thanking you
SHIRISH PAWAR, 7738990900 (Expert) 29 November 2018
Yes builder can modify plan and in your case it is approved by planning authority.
Thirumalai Dasan K (Querist) 29 November 2018
Dear Sir, Thanks for your expert opinion on this. Is it allowed once the builder sold as many as 50% flats sold before revised planning permit application. The following are the details of extract from the case of MH state Consumer forum, and the extract as follows:
"Builders generally tend to keep revising plans so that they can get the benefit of the additional FSI which may become available due to change in government policies and development control regulations. This is neither legal nor ethical. The Maharashtra Ownership Flats Act prohibits a builder from making any alterations to the sanctioned plans after executing an agreement to sell a flat. If any change is to be made, it would require the express consent of the flat purchasers. Even a blanket consent agreeing to any change in the plans is not valid, as it would not constitute "informed consent". Besides, when the builder sells flats, he includes the cost of the land, construction cost, and also his profits in the sale price; so any additional FSl which may subsequently become available rightfully belongs to the flat purchasers who would collectively form the society. If additional FSI is available, it would be beneficial to the society in future for redevelopment. Here is a case of a society which fought against a builder and succeeded."
KISHAN DUTT RETD JUDGE (Expert) 30 November 2018
Dear Sir,
The proposal made by builder is not acceptable as ratio of UDS will be changed.

Please mark “LIKE” if satisfied by my answer.
Thirumalai Dasan K (Querist) 30 November 2018
Dear Sir,

Kindly accept my sincere thanks for your expert opinion.

Actually I am including this point in my Writ Draft.

Thanks again

Dr J C Vashista (Expert) 01 December 2018
Abbreviations used by you are "uncommon" in law, please consult a local lawyer.
Thirumalai Dasan K (Querist) 01 December 2018
Dear Sir,
Kindly accept my sincere thanks for your time and reply.

Thanks again


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