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2015 Supreme(Bom) 551

ANOOP V.MOHTA
Marathon Next Gen Realty Limited – Appellant
Versus
Competent Authority, District Deputy Registrar of Co-operative Societies – Respondent


Advocate Appeared:
For the Petitioners:Pravin Samdhani, Senior Advocate a/w Karl Tamboly, Kunal Vajani, Pranaya Goyal, Raghav Gupta, Dhwani Shah, Sumanth Anchan i/by Wadia Ghandy & Co., Advocates.
For the Respondents:R1, M.S. Bane, Panel counsel, Vaishali Nimbalkar, AGP, R2, V.A. Thorat, Senior Advocate a/w Chirag S. Balsara, H.N. Vakil, S. Patel i/by M/s. Mulla and Mulla & C.B. & C., R3, P.S. Dani, Senior Advocate a/w Suraj Iyer i/by Ganesh & Co., Advocates.

Judgment :-

1. Rule. Rule is made returnable forthwith. Heard finally by consent of parties.

2. The Petitioners-Owners-Developers of land bearing Survey No. C.S. No. 2/142, Veer Santaji Lane, Opposite G.K. Marg, Lower Parel, Mumbai, admeasuring 35499.83 sq. mtrs. (“the whole land”) have challenged order and certificate dated 22 November 2013 passed by the Competent Authority (Respondent No.1) under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short, “MOFA” ), thereby allowed an Application filed by Respondent No.2 –a Co-operative Housing Society Ltd (`the society' ) for unilateral deemed conveyance of the whole land by overlooking the fact of incompletion of remaining projects/buildings named `Innova' and `Icon' and others, which are also part of the whole land. The entitlement/rights of members of other apartment/flats as they have agreed to be governed by the provisions of Maharashtra Apartment Ownership Act, 1970 (for short, “MAO”) are also required to be taken into consideration while passing such order.

3. The Petitioners commenced development on the whole land and have constructed four wings of the re





























































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