#approbate and reprobate

Bombay High Court clarifies that under the Maharashtra Ownership Flats Act 1963, the Competent Authority can enforce conditional deemed conveyance but cannot review or terminate it for non-compliance. The ruling underscores the limited scope of the Authority’s powers, protecting housing societies from arbitrary revocation of conveyance rights.

The Karnataka High Court ruled that a developer who voluntarily surrendered land for a master plan road in exchange for additional Floor Area Ratio (FAR) cannot later challenge the relinquishment deed. The court applied the doctrine of approbate and reprobate, holding that accepting benefits estops the developer from adopting inconsistent positions, ensuring legal consistency in urban planning agreements.

Madras High Court reinforces that parties cannot accept benefits under one court order while simultaneously seeking contradictory relief, invoking the 'approbate and reprobate' doctrine. The ruling dismisses a writ appeal attempting to sell plots after securing a prior order for sale deed cancellation and refund, emphasizing finality of judicial orders.