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VIKRAM NATH, PRASANNA B. VARALE
Faime Makers Pvt. Ltd. – Appellant
Versus
District Deputy Registrar, Co-Operative Societies (3), Mumbai – Respondent
Question 1? Question 2? Question 3?
Key Points: - The principle of res judicata applies to quasi-judicial authorities and binds their findings until reversed in appeal, revision, or writ proceedings. (!) (!) - A first order directing that issues be resolved by a competent Civil Court before fresh relief could be sought cannot be circumvented by a later application; second application under Section 11 of the 1963 Act was rightly dismissed as barred by the earlier order and principles of res judicata. (!) (!) - The liberty to apply afresh in the first order was not unconditional; it required resolving certain complications before the competent authority could grant leasehold rights. The High Court erred in interpreting it as unconditional liberty. The Supreme Court quashed the second application and upheld the finality of the first order, while preserving the option to approach the competent forum after issues are resolved. (!) (!) (!) (!)
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. The appellant has assailed the correctness of the judgment and order dated 10.11.2023, passed by the High Court of Bombay, whereby the appellant’s Writ Petition No. 8186 of 2022, assailing the correctness of the order dated 05.10.2021 passed by the District Deputy Registrar, Co-operative Societies, Mumbai/ Competent Authority, was dismissed. By the order dated 05.10.2021, the competent authority had allowed Application No. 101 of 2021, filed by Prakash Apartment Co-operative Housing Society Limited (respondent No.2-Society) under Section 5/11 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 1 [Hereinafter referred to as the “1963 Act”], directing the execution and registration of a unilateral deed of assignment with respect to 1321.36 square meter area of land and the building situated thereon along with 198.20 square meter on the recreational ground in the name of respondent No.2-Society.
3. Briefly stated, the facts relevant for the present controversy are as follows:
Res Judicata – Applicability – Principle of res judicata applies to and binds quasi-judicial authorities – Whenever a judicial or quasi-judicial tribunal gives a finding on law or fact, its findings ....
Contentions regarding title, in respect of the property in question or adjudication in respect of the property in question or adjudication in respect of entitlement of exact quantification of FSI on ....
The Competent Authority's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
The court upheld unilateral deemed conveyance under the Maharashtra Act, affirming procedural compliance and the validity of notice issuance despite the petitioner's claims of insufficient service.
The competent authority's jurisdiction to grant deemed conveyance is limited and cannot delve into aspects of title. An order granting deemed conveyance does not conclude the issue of right, title, a....
The court affirmed that deemed conveyance can be granted without an occupancy certificate if a self-declaration is submitted, emphasizing the promoter's obligation to obtain such certificate.
The court affirmed that deemed conveyance can be granted under Section 11 of the Act even without an occupancy certificate, provided a self-declaration is submitted, preventing promoters from benefit....
The main legal point established in the judgment is that the conveyance of land must be in accordance with the agreement between the parties, and a technical violation of natural justice may not warr....
The court affirmed that a unilateral deemed conveyance can be granted under MOFA despite ongoing litigation, as the statutory rights of flat purchasers are not extinguished by an auction sale.
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