MILIND N. JADHAV
Sita Vihar Co-operative Housing Society Ltd. – Appellant
Versus
Surajratan Fatehchand Damani Janhit Nidhi – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Anturkar, learned Senior Advocate for Petitioner; Mr. Barve, learned Advocate for Respondent No. 8; Mr. Godbole, learned Senior Advocate for Respondent No. 9, Ms. Sawant, learned Advocate for Respondent No. 11-Corporation and Mr. Patil, learned AGP for Respondent No. 12-State.
2. By consent, taken up for final hearing due to the exigency mentioned by Mr. Anturkar.
3. Petitioner is a Co-operative Housing Society who has filed Regular Civil Suit (“RCS”) No. 748 of 2019 on 17.09.2019 for the following reliefs:
(b) It be held, declared and decreed that consent terms executed on 27/04/2011 by a
The court held that statutory obligations under MOFA compel the execution of conveyance to a housing society and that such obligations must be upheld to prevent unauthorized development.
The court upheld the Developer's right to amend construction plans under the Maharashtra Ownership Flats Act, emphasizing the need to consider balance of convenience and irreparable injury in grantin....
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
Under Order XXIII Rule 1 of the Code of Civil Procedure, a Plaintiff can abandon the suit or part of the claim against selected Defendants, and the Court can accept a compromise if it is lawful. The ....
In disputes over redevelopment and land entitlement among cooperative societies, equitable division based on FSI utilization is essential, especially under varying FSI regulations.
The main legal point established in the judgment is the recognition of long-standing possession as a basis for protection and the emphasis on due process in property disputes.
Developers must disclose full development potential under MOFA, and construction exceeding this potential without consent from all flat purchasers is impermissible.
A covenant in a Deed of Conveyance runs with the land and binds successor parties, holding statutory presumption of validity unless specifically challenged.
The Maharashtra Ownership Flats Act mandates conveyance to be executed by promoters; failure triggers a remedial process under Section 11, which is not subject to extensive trials.
The Competent Authority cannot override binding Consent Decrees, and deemed conveyance granted in violation of such decrees is unsustainable.
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