T.V. Nalawade, J.

The first proceeding is field to challenge the order made by the competent authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as "the Act of 1963") by which a direction is given to register a cooperative housing society of the flat owners. The other proceeding is filed to challenge the order made by the competent authority to issue certificate in favour of the flat owners and their cooperative housing society of deemed conveyance under the provisions of section 11(4) of the Act of 1963. The first proceeding is filed by the owners and developers of the property and the second proceeding is filed by the developer and few flat owners of the developed premises. Both the sides are heard.

2. M/s Chetan Constructions has developed the property which is situated in Aurangabad city. There are 44 flats which include few shops. It is the case of the petitioners of the first proceeding that declaration was executed under section 2 of the Maharashtra Apartment Ownership Act, 1970 ("Apartment Act, 1970") and it was registered on 31-8-2001 by the developers and the f