The Bombay High Court has ruled that homebuyers who book flats through a developer cannot claim any rights in a housing society’s redevelopment project once the society ends its agreement with that developer.

Dismissing a petition by a Kurla-based couple, Justice Kamal Khata held that such purchasers have no ownership or possession rights against the society or the new developer and can only seek damages from the ousted builder, according to a report by The Hindustan Times.

“The consistent view of this court is that purchasers claiming through a terminated developer cannot assert or enforce any rights against the Society or the newly appointed developer,” justice Khata said. “Their remedies, if any, are confined to claims against the erstwhile developer.”

The petitioners, Satish and Swapna Inamdar, had sought to restrain the Nehru Nagar Vidyut Vilas Co-operative Housing Society from proceeding with demolition, revising plans, or selling flats in the new building. They had booked flats through M/s Adit Enterprises, which was appointed for redevelopment before the society terminated its agreement in 2015. The termination was later upheld in arbitration.

The couple argued that the society, as owner of the land, should be treated as a promoter under the Maharashtra Ownership Flats Act (MOFA) and therefore bound to honour their flat bookings.

However, justice Khata rejected this, relying on a recent high court ruling in the Tuvin Constructions case. The court reiterated that neither the society nor the new developer can be treated as co-promoters for purchasers who derive their claim from a developer whose contract has been cancelled.

Finding no error in the Bombay City Civil Court’s refusal to grant interim relief, the High Court dismissed the petition.