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2023 Supreme(Bom) 539

ARIF S. DOCTOR
Garodia Co-operative Housing Society Ltd. – Appellant
Versus
District Deputy Registrar Co-operative Society – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vipul J. Shah.
For the Respondents: Hemant Haryan, Sanjay Jain, Huzefa S. Khokhawala, Bhakti Jain.

JUDGMENT :

ARIF S. DOCTOR, J.

1. The present Writ Petition impugns an order dated 15th June, 2019, by which, Respondent No. 1 being the Competent Authority under the provisions of the Maharashtra Ownership Flats (Regulation of the promotion of Construction, Sale Management and Transfer) Act, 1963 (MOFA) has dismissed the Application filed by the Petitioner under Section 11 of MOFA seeking a deemed conveyance in respect of land more particularly set out in the said Application.

2. The relevant facts are as follows:

    (i) The Petitioner is a Co-operative Housing Society comprising of about 50 members. Respondent No. 2 is a Family Trust and the owner of two plots of land bearing plot No. 149 admeasuring 1600 sq. yards and plot No. 156 admeasuring 1800 sq. yards.

(ii) In or about the year 1970-1971, Respondent No. 2 being desirous of developing the said plots, amalgamated the same. Respondent No. 2 thereafter constructed and built a building having basement + ground floor (part stilt + part shops) + four upper floors after obtaining various approvals from the Municipal Corporation of Greater Mumbai (MCGM).

(iii) Respondent No. 2 thereafter sold shops and flats to various purchasers under vario

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