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Can a violation of section 7 under MOFA is a continuing offence
13-Jun-2023 (In Civil Law)
1) As per Section 7 (1)(i) & 7 (1)(ii) of The Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 [for short “MOFA Act”] the promoter shall not make any other alterations or additions in the structure of the building without the previous consent of all the persons/flat owners. 2) On violation of S-7, as per S-13 (3) of “MOFA Act”, promoter, shall, be punished, on conviction, with imprisonment for one year or with fine to Fifty Thousand rupees or with both. Query: (a) Can Violation of S-7 of MOFA (by not obtaining consent) is a “CONTINUING OFFENCE”? (b) Not obtaining consent amounts to Criminal Breach of Trust?
Dear Querist, Yes, not obtaining consent is continuing offence. As the developer is constructing with out the permission of the flat owners/buyers. also it amounts to criminal breach of trust and is punishable.
Regards,
Rakesh V. Misar
Regards,
Rakesh V. Misar
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