Mumbai: The Bombay High Court has refused interim relief to Lok Everest Cooperative Housing Society Ltd. at Mulund, observing that the developer, Jaydeep Developers, is entitled to utilise additional Floor Space Index (FSI) made available under revised Development Control Regulations, as the construction of Wing C5 was part of the original sanctioned layout.

1993 Layout Plan Considered Original and Disclosed to Buyers

Justice Riyaz Chagla noted that the 1993 layout plan, which showed Buildings Nos.4 and 5 as identical mirror-image structures with four wings each, had been disclosed to purchasers at the time of executing their flat purchase agreements.

“On a balance of probabilities, it can only result in one conclusion that the 1993 layout plan was not only disclosed to the plaintiff b

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