MahaREAT Orders Demolition of Additional Wing in Badlapur Project Over Buyer Consent Issues

Mumbai: Developers may need to exercise greater caution when seeking to add new structures to residential projects after units have been sold, following a recent order of the Maharashtra Real Estate Appellate Tribunal (MahaREAT).

The tribunal has directed the promoters of the Parshvadhara project at Belavali, Badlapur, Thane, to demolish Wing E, which was introduced through a revised development plan after the project’s original layout had been disclosed to purchasers. The order was passed on September 7, 2026.

The project originally had a 2015 sanctioned layout comprising Wings A, B, C and D. The promoters subsequently obtained a revised sanction on July 2, 2021, introducing Wing E. The housing society challenged the additional construction, contending that the change had not been properly disclosed to existing purchasers and affected areas shown as open and recreational spaces in the original project plan.

Buyer Consent Emerges as a Separate Compliance Requirement

One of the key issues before the tribunal was whether the promoters could rely on the revised planning approval and general provisions in sale agreements relating to additional FSI or TDR.

MahaREAT rejected that position, finding that broad contractual provisions did not amount to specific and informed consent for the additional wing. The tribunal also found that the proposed building had not been disclosed to purchasers in the original project documents.

The tribunal held that the promoters had violated provisions of RERA and the Maharashtra Ownership Flats Act (MOFA) in proceeding with the additional construction without fulfilling the applicable consent requirements.

Wing E to Be Demolished

MahaREAT has ordered the promoters to demolish Wing E within 90 days at their own cost.

The promoters have also been directed to restore the playground, garden, children’s play area, recreation ground and other open spaces in accordance with the original 2015 sanctioned plan and the disclosures made to purchasers.

The tribunal additionally imposed a ₹10 lakh penalty and directed the promoters to execute and register conveyance of the 3,870 sq m project land, including the relevant common areas and open spaces, within 90 days.

Implications for Developers

The ruling could be relevant to projects where additional FSI, TDR or revised development permissions are being considered after apartments have already been sold.

The decision highlights that planning permission is only one part of the compliance framework. Where a proposed change materially alters the project originally presented to purchasers, developers must also consider applicable disclosure and consent requirements under RERA and MOFA.

For homebuyers and housing societies, the ruling reinforces the importance of retaining the original sanctioned plan, agreement for sale, project brochure and other project disclosures.

For the broader real estate industry, the case underlines a key principle: additional development potential cannot automatically override commitments already made to homebuyers.