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MILIND N. JADHAV
Audumber Chaya CHS Ltd. – Appellant
Versus
District Dy Registrar – Co-operative Society – Respondent
JUDGMENT:
1. Heard. Taken up for final hearing by consent of parties.
2. This Writ Petition is filed under the provisions of Article 226 and 227 of the Constitution of India by the Petitioner – Audumbar Chaya CHS Ltd. to challenge the legality and validity of the order dated 05.03.2021 (for short “the impugned order”) passed by the District Deputy Registrar Co-operative Society, Mumbai City (4) granting certificate of Deemed Conveyance in favour of Respondent No.2 – Shanti Co-operative Housing Ltd. Writ Petition is filed on 25.10.2021 and challenges all consequential actions pursuant to the impugned order and seeks a direction to the Corporation to revoke the redevelopment permission dated 06.10.2021 granted in favour of Respondent No.2.
3. Record indicates that pursuant to passing of the impugned order, Deemed Conveyance has been executed and registered by the District Deputy Register, Cooperative Societies and Competent Authority under Section 5A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short “MOFA”) to Respondent No. 2 on 11.06.2021.
4. Writ Petition is vehemently resisted by Respondent No.2. Respo
The Competent Authority must ensure a fair and transparent process, including giving proper opportunities to all concerned parties and thoroughly considering disputed entitlements, before granting de....
The main legal point established in the judgment is that the owner and promoter, in the absence of legal complications, can convey the leasehold rights to the society, and objections to the maintaina....
The Competent Authority cannot override binding Consent Decrees, and deemed conveyance granted in violation of such decrees is unsustainable.
Competent Authority under Section 11 MOFA must determine and grant deemed conveyance for correct subdivided area from official records, undeterred by pending civil suits on construction deviations an....
Disputes over excess area or title in deemed conveyance orders under MOFA Section 11(3) are for civil courts, not writ jurisdiction; promoters cannot retain land via private clauses against statutory....
Subsisting leasehold rights in land and ownership of superstructure preclude deemed conveyance to tenants' society under MOFA without extinguishment proof, valid Section 4 agreements and proper docum....
The statutory obligation under Section 11 of MOFA requires the promoter to convey both land and building to the society, and the Competent Authority must enforce this obligation upon the promoter's f....
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