1. By this petition filed under Article 227 of the Constitution of India, the petitioners have impugned the order dated 19th January 2017 passed by the learned District Deputy Registrar Co-operative Society, the respondent no.6 and also the certificate of unilateral deemed conveyance granted by the respondent no.6 of the land admeasuring 12928 sq. mtr. bearing Survey No.69(part), 70(part) and 71 (part) corresponding to CTS No.108/3 admeasuring 1000 sq.yds. i.e. 12928 sq. mtrs. at Vikhroli (West), Mumbai 400 082. Some of the relevant facts for the purpose of deciding this petition are as under:-

2. It is the case of the petitioners that under Articles of Agreement dated 27th December 1979 executed by Pratapsingh Shoorji Vallabhdas, Dilipsingh Shoorji, Jyotsnaben Vikramsingh, Jaylaxmi Shoorji, these parties granted a land admeasuring 12928 sq. mtr. at Vikhroli (West), Mumbai 400 082 in favour of the respondent no.3 for consideration and conditions provided in the said Articles of Agreement dated 27th December 1979.

3. It is the case of the petitioners that by an agreement dated 27th December 1979, the respondent no.3 granted rights to develop a part admeasuring 4721.25 sq. mtrs. forming a part of the larger land by using and utilizing the FSI to the extent of 1446.25 sq. mtrs. for consideration in favour of the respondent no.5 and on terms and conditions alleged to have been set out therein.

4. By a first Supplementary Agreement alleged to have been entered into in the month of March 1980, the respondent no.3 granted rights in favour of the respondent no.5 to further develop the bigger land by using and utilizing the FSI to the extent of 3275.39 sq. mtrs. for consideration and on terms and conditions alleged to have been set out therein. By a second Agreement alleged to have been entered into in the month of November 1981, the respondent no.3 granted rights in favour of the respondent no.5 to develop the Plot by using and utilizing the FSI to the extent of 3880.61 sq. mtrs. for consideration and on terms and conditions alleged to have been set out therein.

5. It is the case of the petitioners that by virtue of agreements dated 27th December 1979, March 1980 and November 1981, the respondent no.5 became entitled to develop the bigger land by using and utilizing the aggregate FSI to the extent of 8602.25 sq.mtrs. and had entrusted the said area to the respondent no.5. According to the petitioners, the said agreement dated 27th December 1979 or any of the subsequent agreements did not provide for the sale or transfer of the larger land in favour of the respondent no.5.

6. The respondent no.5 entered into various agreements for sale of industrial units in favour of various prospective purchasers. It is the case of the petitioners that the respondent no.5 could at the most execute the said assignment or conveyance in favour of the society in respect of the area about 8692.21 sq. mtr. out of the larger land admeasuring 12928 sq. mtr.

7. Various purchasers of the industrial units formed a Society i.e. Industrial Estate Premises Co-operative Society Limited, the respondent no.1 herein. The respondent no.1 through its advocate's notice dated 26th August 2016 called upon the petitioners to execute a Deed of Conveyance in favour of the respondent no.1 and made it clear that if the Deed of Conveyance is not executed within the time prescribed, an action under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale Management and Transfer) Act, 1963 (for short “the said MOFA”) would be initiated against the petitioners.

8. The respondent no.1 filed an application under Section 11(3) of the MOFA before the respondent no.6 inter alia praying for deemed conveyance and for other reliefs in respect of larger area. The petitioners informed the respondent no.6 that some of the original owners had expired and thus their legal heirs should be brought on record. The petitioners through their advocate's lette