Back
MADHAV J. JAMDAR
Prem Villa Co-operative Housing Society Ltd. – Appellant
Versus
Uma Deep Co-operative Housing Society Limited – Respondent
JUDGMENT :
MADHAV J. JAMDAR, J.
1. By the present Writ Petition preferred under Article 226 of the Constitution of India, the Petitioner is challenging the legality and validity of the Common Corringendum/Order dated 14.01.2020 by which Corrigendum is issued with respect to the following two Orders:
(ii) Order dated 28.02.2014 passed in Deemed Conveyance Application No. 98 of 2013 in favour of the Petitioner-Society.
2. Before setting out the rival contentions and consideration of the same, it is necessary to set out certain factual aspects:
(ii) The
A corrigendum under the MOFA is limited to correcting typographical errors and cannot be used to substantively review prior orders.
The jurisdictional limits of the Competent Authority prevent it from issuing a Corrigendum that effectively constitutes a substantive review of its prior order.
The Competent Authority cannot issue a Corrigendum that materially alters a previous order without proper jurisdiction and adherence to natural justice principles.
The Competent Authority's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
The main legal point established in the judgment is that the conveyance of land must be in accordance with the agreement between the parties, and a technical violation of natural justice may not warr....
The court established that the promoter's obligation under MOFA to convey property to the society is paramount, and the competent authority's role is limited to ensuring compliance with this obligati....
The competent authority's jurisdiction to grant deemed conveyance is limited and cannot delve into aspects of title. An order granting deemed conveyance does not conclude the issue of right, title, a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
