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VIKRAM NATH, PRASANNA B. VARALE
Municipal Corporation Of Greater Mumbai – Appellant
Versus
Century Textiles And Industries Limited – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. The Municipal Corporation of Greater Mumbai1[MCGM] and its officers have filed this appeal assailing the correctness of judgment and order dated 14.03.2022 passed by the Bombay High Court allowing the Writ Petition No. 295 of 2017 filed by the Respondent No.1 directing the appellant (Respondent No.1 therein) to execute formal conveyance of plot bearing C.S. No.1546 of Lower Parel Division, Mumbai in favour of the Respondent No.1 (Petitioner no.1 therein) within a period of eight weeks.
2. Brief facts giving rise to the present appeal are summarised hereunder:
2.1. Century Textiles and Industries Limited (Respondent No.1) is a company incorporated under the Companies Act running a cotton mill. Under the provisions of the City of Bombay Improvement Act, 18982[The 1898 Act], Respondent No.1 applied to the Improvement Trust under Section 32B thereof under the Poorer Classes Accommodation Scheme (in short, “PCAS”) to provide dwellings to the poorer class workers. The said application was filed on 12.04.1918.
2.2. The Improvement Trust Board, vide Resolution no. 121, in its meeting dated 16.04.1918, approved the PCAS of the Respondent No.1 which provided for cons
The court held that the Municipal Corporation was not legally bound to convey land to the lessee after lease expiry due to lack of express obligation and significant delay in seeking relief.
The main legal point established in the judgment is that the owner and promoter, in the absence of legal complications, can convey the leasehold rights to the society, and objections to the maintaina....
The refusal of a No Objection Certificate for redevelopment based on misinterpretation of lease terms was deemed arbitrary, reinforcing the need for state entities to act fairly under Article 14 of t....
The court established that acceptance of delayed payments by the State constituted a deemed extension of time for contract performance, reinforcing the obligation to execute lease deeds.
Advocates appeared :For the Appellant : Ravish Agrawal, Sanjay Agrawal For the Respondent : Pushpendra Yadav, R. N. Singh, Akshay Pawar
Competent Authority under Section 11 MOFA must determine and grant deemed conveyance for correct subdivided area from official records, undeterred by pending civil suits on construction deviations an....
The promoter is legally obligated to convey the entire leased land to the Society as per the agreement, regardless of FSI utilization.
The court established that under Section 11 of MOFA, a promoter must convey the entire leased land as per the agreement, regardless of FSI utilization.
Deemed conveyance under MOFA must adhere to statutory obligations, and timelines cannot be circumvented by private agreements; competent authority must assess the proportional area for conveyance acc....
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