Case Law Analysis
|Bombay High Court
Section 7 MOFA, 1963 | Informed Consent Mandatory for Structural Alterations; Bombay HC Sets Aside Blanket Injunction : Bombay HC
Bombay High Court rules that promoters must secure explicit informed consent from existing apartment owners under Section 7 of the Maharashtra Ownership Flats Act (MOFA), 1963, before undertaking structural alterations. The Court overturned a blanket injunction, permitting construction subject to undertakings to preserve amenities, reinforcing promoter obligations and buyer rights in real estate disputes.