The Maharashtra Real Estate Appellate Tribunal (MahaREAT) has ordered the demolition of Wing E at the Parshvadhara housing project in Belavali, in Ambernath taluka of Thane district, after holding that the promoters could not proceed with the additional construction without the informed consent of the existing homebuyers. The tribunal also imposed a ₹10 lakh penalty for violations of the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Maharashtra Ownership Flats Act, 1963 (MOFA). The order was pronounced on September 7, 2026.
MahaREAT directed the promoters to demolish Wing E at their own cost and restore the playground, garden, children’s playground, recreation ground and other open spaces according to the original 2015 sanctioned plan. It also ordered them to execute and register the conveyance deed for the 3,870 sq m project land, including the common areas and open spaces, within 90 days. The promoters were further directed to take steps with the authorities for the required water connections.
How the Dispute Started
The project was originally sanctioned in 2015 with four wings — A, B, C and D. The plan was disclosed to the purchasers, and the project was completed according to that layout. The promoters later obtained a revised plan on July 2, 2021, introducing Wing E.
The housing society challenged the additional construction. It raised concerns about changes to open and recreational spaces shown in the original plan, along with issues involving the garden, parking, water connections and the pending conveyance of the project land.
MahaREAT on Homebuyer Consent
The tribunal held that approval of a revised building plan by the planning authority does not, by itself, amount to informed consent from existing allottees. It found that an additional structure can be built without separate consent only when the proposed construction has been clearly disclosed in the layout plan and agreements for sale.
The promoters had relied on general clauses concerning additional Floor Space Index (FSI), Transferable Development Rights (TDR) and future changes to the project. MahaREAT found that these broad clauses did not amount to informed consent for Wing E because the specific additional construction and related development details had not been disclosed to the purchasers.
