ANUJA PRABHUDESSAI
Kashish Park Reality Pvt. Ltd. – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. Rule. Rule is made returnable forthwith. With consent of the parties, the Petitions are heard finally.
2. By these Petitions, filed under Article 227 of the Constitution of India, the petitioners have challenged the Corrigenda all dated 6-8-2020 issued by respondent No. 2Competent Authority rectifying the certificates issued under subsection (4) of section 11 of Maharashtra Ownership of Flats Act, 1963 (‘MOFA’ for short) and consequent registration of the deeds of conveyance in the office of respondent No. 8Sub Registrar of Assurances, Thane1.
2A. It is not in dispute that respondent No. 4 was the owner of land under C. S. Nos. 2 to 21, 37, 38, 39 and 40 (part) of village Naupada, Taluka and District Thane. Respondent No. 4 had entered into agreements with the petitioners to develop part of the subject land as per the sanctioned building plans. Accordingly, the petitioners, constructed buildings on the said land and sold the premises to several persons on ownership basis.
3. By notice dated 27-8-2019 issued on behalf of the respective Society, the petitioners and respondent No. 4 were called upon to convey the property in favour of the respondent Society. The petitioners
Parvati Devi w/o Sri. Braj Shyam vs. State of U. P.
Piara Singh vs. State of Punjab and ors. AIR 1969 SC 961 (Para 11)
Lily Thomas vs. Union of India
Kapra Mazdoor Ekta Union vs. Management of Birla Cotton and (Para 13) Spinning Mills and ors.
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