KOLKATA: The West Bengal Real Estate Appellate Tribunal (WBREAT) has sided with homebuyers at ‘Atmosphere – the luxurious condominium’ located off EM Bypass. On Friday, the tribunal upheld RERA’s interim order preventing developers from ‘alienating, transferring, or dealing’ with any portion of the project or its common areas.
Previously, 10 residents of the development accused the promoter of unilaterally altering plans without the required consent from 2/3 of the existing allottees. On February 25, 2025, the High Court allowed construction to continue based on the modified plans, contingent upon the results of arbitration proceedings brought by some allottees. In its latest ruling, WBREAT Chairperson Justice Rabindranath Samanta stated: “From any perspective, it is a legal obligation for a promoter to first secure prior written consent from 2/3 of allottees before submitting any modified or revised plans to the municipal authority.”
The Kolkata Municipal Corporation (KMC) has been instructed to inspect the site to ensure that the construction in the common area on the first-floor E-deck level, as well as the new duplexes, adheres to the approved plans. Additionally, WBRERA officers have been ordered to conduct inspections to confirm compliance with the documentation submitted during the project’s registration. The residential complex features two towers with a total of 82 apartments and various amenities spread over three acres, with shared facilities for all unit holders.
The promoter reportedly altered the project by applying for sanction of a revised plan to add one additional duplex on the highest floor, specifically the 35th floor of each tower. Allegations have also been made that the promoter converted common areas on the first floor into an additional apartment without obtaining the necessary consent. The modified plan was sanctioned in November 2018.
The developer obtained this modification following changes to KMC’s building rules in June 2018, which allowed properties situated within 500 meters of a metro corridor to receive an additional Floor Area Ratio (FAR) of 20%, provided the adjacent road is wider than 24 meters.
