Not automatically. Under the distinction summarized by the Bombay High Court, an additional wing to an existing building is treated as an addition under Section 7(1)(ii) of the Maharashtra Ownership Flats Act (MOFA), for which flat purchasers’ consent is required. Section 7A concerns an additional building or structure within a development layout; it does not erase the promoter’s disclosure obligations or decide whether a proposed wing is really a separate building.
The question sent back by the Supreme Court in Jayantilal Investments was whether the sanctioned project was for additional buildings or for one building with seven wings. The official Bombay High Court listing identifies a 2026 decision as 2026:BHC-AS:23829, but the listing alone does not establish that decision’s reasoning or operative order. Its outcome should not be stated without the full judgment.
Why the classification matters
Section 7A is not a blanket permission to add construction without flat purchasers’ consent. The legal issue is what the proposed construction is in relation to the sanctioned scheme: another wing of the existing building, or an additional building within a layout. The Bombay High Court’s 2025 summary of Jayantilal Investments describes different consent treatment for those two cases.
| Proposed construction | MOFA treatment described in the Bombay High Court’s 2025 summary |
|---|---|
| An additional wing to the existing building | Treated as an addition under Section 7(1)(ii); flat purchasers’ consent is required. |
| A separate additional building or structure within the development layout | Section 7A addresses this situation; consent under Section 7(1)(ii) is not required merely because that additional building is constructed. |
This is a classification question, not one answered by the promoter’s label alone. The sanctioned plan and the project as disclosed to purchasers are material to deciding which side of the distinction applies.
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What Section 7A does—and does not—do
It addresses additional buildings in a layout
As summarized by the Bombay High Court, Section 7A concerns an additional building or structure within a development layout. It distinguishes that construction from an addition or alteration to the disclosed building under Section 7(1)(ii).
It does not remove disclosure obligations
The same High Court summary explains that the Section 7A treatment does not displace the promoter’s disclosure obligations under MOFA Sections 3 and 4. The development potential disclosed to purchasers remains relevant. A separate building may fall within Section 7A’s treatment of consent, but construction inconsistent with what was disclosed cannot be justified solely by invoking Section 7A.
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What the Supreme Court remanded for decision
In Jayantilal Investments, the Supreme Court remanded the matter for the High Court to decide whether the 1985 sanctioned project contemplated additional buildings or one building with seven wings. The answer mattered because Section 7(1)(ii) applied differently depending on that classification. “Seven wings” is a fact specific to that dispute, not a general limit or rule for other projects.
The official Bombay High Court index lists a 2026 decision, citation 2026:BHC-AS:23829, and its indexed text refers to Section 7A, additional construction, flat takers and the remand question. The indexed material does not establish the final relief, which party prevailed, or the court’s complete reasoning. Those points require the full decision and operative order; the listing should not be treated as proof of the case’s outcome.
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Purchaser consent is separate from planning approval
MOFA consent and approval from a planning authority answer different questions. Planning permission does not, by itself, establish that a promoter satisfied MOFA’s consent or disclosure requirements. Conversely, the MOFA distinction between a wing and a separate building does not establish that the proposed work has the planning approvals it needs. Each issue must be assessed on its own record.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What to check in a live dispute
- The sanctioned scheme: Compare the sanctioned plan and project description to determine whether the proposal is an added wing to one building or a separate building in a layout.
- What purchasers were told: Review the promoter’s MOFA disclosures, including the development potential described under Sections 3 and 4.
- The consent question: If the proposal is an addition or alteration to the disclosed building, assess the purchaser-consent requirement under Section 7(1)(ii); do not assume Section 7A removes it.
- Planning permissions: Check the applicable authority approvals independently of MOFA compliance.
- The judgment’s actual order: For the 2026 remand decision, rely on the full judgment and operative order rather than the indexed listing when determining the result.
The Bombay High Court’s 2025 summary supplies the statutory distinction; the Supreme Court’s remand in Jayantilal Investments explains why the scheme’s classification had to be decided. Neither proposition establishes the outcome of the 2026 proceeding listed as 2026:BHC-AS:23829.
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