JUDGMENT

CONTENTS

A. OVERVIEW OF THE ISSUES INVOLVED

B. THE FACTS IN THE MARATHON

WRIT PETITION

C. MARATHON ERA'S SUBMISSIONS

D. SUBMISSIONS ON BEHALF OF THE CONTESTING RESPONDENT

E. THE NEED FOR A CONVEYANCE EVEN BEFORE COMPLETION OF THE LAYOUT DEVELOPMENT

F. THE IMPUGNED ORDER

G. ADDITIONAL FSI

H. THE GOVERNMENT RESOLUTION OF 22ND JUNE 2018

I. ORDER

J. THE GULMOHAR PETITION

A. OVERVIEW OF THE ISSUES INVOLVED

1. In early 2018 the first of these Writ Petitions, Writ Petition No. 180 of 2018 ('the Marathon Writ Petition') came before me. The question raised was in regard to what is called a 'Unilateral Deemed Conveyance' under the Provisions of Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963 ('MOFA'). Soon other Writ Petitions with a similar point involved came to be tagged with the Marathon Writ Petition. The hearings continued with several interruptions unfortunately. By this time, of the original clutch of tagged or grouped Petitions, only these two remained - the Marathon Writ Petition and, from the Appellate Side is Civil Writ Petition No. 295 of 2015 ('the Gulmohar Writ Petition'). Others were segregated.[Or