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?
Answers (1)

Answer #1
723 votes
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.

Rakesh V. Misar

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