Section 7 of the MOFA Act are very clear. A builder can not make any additions to the plans shown at the time of sale of the flats without the explicit approval of all the flat purchasers.
The following are the observations of the Supreme Court which have been followed by the Bombay High Court in a number of decisions.
” As stated above, under Section 7(1) after the lay out plans and specifications of the building, as approved by the competent authority, are disclosed to the flat takers, the promoter shall not make any other alterations or additions in the structure of the building without the prior consent of the flat takers.”
Decision of the Supreme Court in
M/S Jayantilal Investments vs Madhuvihar Co-Operative Housing … on 10 January, 2007
link Indian Kanoon – http://indiankanoon.org/doc/1774237/
