Kolkata, Jan. 4 -- The West Bengal Real Estate Appellate Tribunal has dismissed an appeal filed by Forum Projects Private Limited, promoter of "Atmosphere - The Luxurious Condominium", and upheld interim restrictions imposed by the West Bengal Real Estate Regulatory Authority (WBRERA), holding that a promoter cannot alter sanctioned building plans or common areas without prior written consent of at least two-thirds of the allottees.
The luxury residential project is located at 1001/A, Eastern Metropolitan Bypass, adjacent to Science City in Kolkata. The appeal challenged an interim order passed by WBRERA in April 2025, restraining the promoter from dealing with, transferring or alienating any part of the project or its common areas pending disposal of a complaint by several flat owners. The order also directed inspection by the Kolkata Municipal Corporation (KMC) and verification by WBRERA officials.
The complaint was filed by ten homebuyers alleging violations of the Real Estate (Regulation and Development) Act. A WBRERA press note read that the complainants said the promoter had executed multiple sub-lease agreements and deeds deviating from formats disclosed to the regulator, and had unilaterally revised the sanctioned plan by adding residential units without obtaining mandatory consent.
They also alleged that a portion of the first-floor "E-Deck", earmarked as a common area, was converted into an additional apartment, and that two residential units were constructed above the originally sanctioned floors, affecting common area rights.
The residents further alleged failure to transfer special and sinking funds to the association and the stoppage of maintenance services.
Before the tribunal, the promoter argued that the revised building plan had been applied for before the consent provision came into force. The tribunal, however, held that the decisive stage is when the modified plan is sanctioned, noting that when KMC approved the revised plan in November 2018, the statutory consent requirement was already in force. The tribunal observed that there can be no estoppel against a statute, contractual clauses cannot override mandatory legal provisions, and arbitration proceedings do not bar regulatory action. Finding a prima facie violation, it upheld all interim directions and directed WBRERA to dispose of the complaint expeditiously.
Published by HT Digital Content Services with permission from Millennium Post.