In the bustling city of Thane, hundreds of families placed their trust in a dream project — the Kores Nakshatra Complex. The brochure promised 15 residential buildings, open spaces, and two large recreational grounds — RG-1 and RG-2. These weren’t just amenities, they were assurances of community life and well-being. But when construction machinery rolled onto RG-2, a ground meant to be enjoyed by residents, that trust was broken.
The fight for justice began in 2010, when two vigilant flat owners, Vitthal Laxman Patil and another resident, filed a civil suit under the Maharashtra Ownership Flats Act (MOFA). They demanded that the builder be stopped from constructing Building No. 16 on RG-2. Yet, their plea was dismissed by both the Civil Court in 2014 and the District Court in 2016, on the grounds that buyers hadn’t paid extra for the open space.
By 2013, however, a stronger collective emerged. The Kores Nakshatra CHS Association Ltd., an Apex Society of 420 families, united to take the fight forward. This was no longer the battle of two individuals — it was the voice of hundreds demanding that builders honor their commitments. Their collective strength brought the case to the Bombay High Court in 2019.
The High Court reframed the debate with a critical question: “Can a builder construct an additional building on a recreational ground shown in the original approved layout, without the consent of flat purchasers?” The builder argued that agreements for sale permitted future development using additional FSI. But the court rightly focused on the sanctity of the original layout plan, which clearly marked RG-2 as open space.
The turning point came with Paragraph 17 of the judgment. It firmly declared that once a layout plan is disclosed, the builder is bound by it. No new tower can rise on recreational grounds — even if agreements mention future construction. This powerful observation became the backbone of the case, one that even the Supreme Court did not disturb when the builder challenged the decision.
In January 2025, the Bombay High Court finally delivered its verdict: the construction of Building No. 16 was declared illegal. The Court found the builder guilty of violating Section 7 of MOFA, making it clear that contractual clauses cannot override the rights and consent of flat buyers. The argument of shifting RG or exploiting FSI collapsed before the principles of fairness and law.
This judgment is more than a victory for the 420 families of Kores Nakshatra. It is a precedent for every homebuyer in Maharashtra. It teaches us that:
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If a recreational ground is shown in the layout, it is binding.
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A builder cannot later build on it without written consent of all purchasers.
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Promises made in brochures and layouts must be respected, regardless of contractual loopholes.
We believe this case sends out a clear message: homebuyers are not powerless. When united, societies can demand accountability and protect their rights. If your promised garden is replaced by concrete, or if your builder alters the project plan without consent, remember — the law stands with you. Justice may take time, but with awareness and unity, it will prevail.
Also Watch : https://youtu.be/M2yCqcJOMSI
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