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.

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:

“(a) It be held, declare and decreed that Plaintiff is entitled to and Defendant Nos. 1 to 8 and anybody claiming through and under them including Defendant Nos.9 and 10 are under statutory obligation under MOFA to execute conveyance of suit land admeasuring 9582.650 sq. meters together with the said buildings standing thereon by way of lease for the period of 999 years in favour of Plaintiff as directed by the Charity Commissioner vide order dated 02/11/1987 modified vide order dated 09/02/1988 passed under Section 36 (1) (b) of the Bombay Public Trust Act.

(b) It be held, declared and decreed that consent terms executed on 27/04/2011 by and between Defendant Nos.2, 3 and 4 through Defendant No. 5 for and on behalf of Defendant No. 1 and Defendant No. 8 and Defendant No. 10 In Regular Civil Suit No. 495 of 1998 in the Court of Civil Judge (J.D.) Thane vide Exh.47 and the consent decree dated 18/09/2011 passed thereupon by the Hon’ble Court viz. fraudulent consent decree be declared as null, void-ab-initio and/or not enforceable against the Plaintiff and/or not binding upon the Plaintiff and be quashed and set aside.

(c) It be held, declared and decreed that lease deed dated 30/12/2011 registered under serial no. TNN5-00982-2012 on 01/02/2012 with the office of Sub-Registrar, Thane-5 executed by and between the Defendant No. 10 and Defendant No. 9 viz. fraudulent lease deed be declared as null, void-ab-initio and/or not enforceable against the Plaintiff and/or not binding upon the Plaintiff and be quashed and set aside.

(d) It be held, declared and decreed that declaration and undertaking executed by Defendant Nos. 2, 3 and 4 through Defendant No. 5 for and on behalf of Defendant No. 1 and Defendant No. 8 executed on /02/2011 viz. fraudulent declaration be declared as null, void- ab-initio and/or not enforceable against the Plaintiff and/or not binding upon the Plaintiff and be quashed and set aside.

(e) It be held, declared and decreed that resolution passed by the Defendant no. 1 in the meeting of Trustees allegedly held on 01/12/2010, inter-alia, resolving to grant lease to the Defendant no. 10 herein and further resolving to give credit of lease rent for the residual period to the Defendant no. 10 and further resolving to authorize the Defendant no. 5 to sign and file the consent terms on behalf of the Trust in RCS No. 495 of 1996 viz. fraudulent resolution be declared as null, void-ab-initio and/or not enforceable against the Plaintiff and/or not binding upon the Plaintiff and be quashed and set aside.

(f) It be held, declared and decreed that suit plan no. 1, suit plan no. 2 and suit commencement certificate be declared as null, void-ab-initio and be revoked, qu