JUDGMENT :

1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, petition is taken for final hearing and disposal.

A. ISSUES

2. Petition raises two broad issues:

(i) Whether the Competent Authority, while exercising power of issuing a certificate of unilateral deemed conveyance under Section 11 of MOFA, can take cognisance of an interest or a right in the conveyed land, which is created by a document other than the Agreement executed under Section 4?

(ii) Given the settled position that validity of such interest or right in respect of conveyed land can only be agitated in a civil suit, while relegating parties to exercise their remedies before a Civil Court, whether incorporation of such interest or right in the certificate of unilateral deemed conveyance should be retained or removed?

B. THE CHALLENGE

3. The issue arise in the light of challenge set up by Petitioner-Society to the certificate of unilateral deemed conveyance issued by the District Deputy Registrar, Co-operative Societies, Mumbai City-4 and Competent Authority (Competent Authority) issued under the provisions of Section 11 of the Maharashtra Ownership Flats (Regulat