JUDGMENT

Indrajit Mahanty, J. - The Petitioner viz. Mayfair Housing Private Limited as a Developer/Promoter has filed the present Writ Petition seeking to challenge the order dated 31st May,2018 passed by the Competent Authority constituted under Section 5A of The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act,1963 (for short "MOFA"), whereby, a certificate was granted to Respondent No.2-Society for effecting deemed conveyance of the suit land.

2. Learned counsel appearing for the Petitioner inter alia raised two contentions in support of his challenge viz : i] Impugned order dated 31st May,2018 was passed contrary to the provisions of the Agreement dated 17th July,2015 vis-a-vis the time period mentioned therein and ii] that the impugned order does not take into consideration the increase in Floor Space Index (FSI) in terms of clause (9) of the Agreement dated 17th July,2015.

3. In support of the first contention raised by the Petitioner reliance was placed upon the provisions of Section 11 of the MOFA, which is quoted hereunder :

11. Promoter to Convey title, etc., and execute documents according to agreement - [1] A promoter shall take all necessary steps to complete his title and convey, to the organisation of persons, who take flats, which is registered either as a co-operative society or as a company as aforesaid, or to an association of flat takers [or apartment owners] his right, title and interest in the land and building, and execute all relevant documents therefor in accordance with the agreement executed under section 4 and if no period for the execution of the conveyance is agreed upon, he shall execute the conveyance within the prescribed period and also deliver all documents of title relating to the property which may be in his possession or power.

[(2) It shall be the duty of the promoter to file with the Competent Authority, within the prescribed period, a copy of the conveyance executed by him under sub-section (1).

(3) If the promoter fails to execute the conveyance in favour of the co-operative society formed under section 10 or, as the case may be, the company or the association of members of such co-operative society or, as the case may be, the company or the association of apartment owners may, make an application, in writing, to the concerned Competent Authority accompanied by the true copies of the registered agreements for sale, executed with the promoter by each individual member of the society or the company or the occupation certificate, if any, for issuing a certificate that such society, or as the case may be, company or association, is entitled to have an unilateral deemed conveyance, executed in their favour and to have it registered.

(4) The Competent Authority, on receiving such application, within reasonable time and in any case not later than six months, after making such enquiry as deemed necessary and after verifying the authenticity of the documents submitted and after giving the promoter a reasonable opportunity of being heard, on being satisfied that it is a fit case for issuing such certificate, shall issue a certificate to the Sub-Registrar or any other appropriate Registration Officer under the Registration Act,1908 (16 of 1908), certifying that it is a fit case for enforcing unilateral execution of conveyance deed conveying the right, title and interest of the promoter in the land and building in favour of the applicant, as deemed conveyance.

(5) On submission by such society or as the case may be, the company or the association of apartment owners, to the Sub-Registrar or the concerned appropriate Registration Officer appointed under the Registration Act,1908, the certificate issued by the competent Authority along with the unilateral instrument of conveyance, the Sub-Registrar or the concerned appropriate Registration Officer shall, notwithstanding anything contained in the Registration Act,1908 (16 of 1908), issue summ