MADHAV J. JAMDAR
Garodia Co-operative Housing Society Ltd. – Appellant
Versus
District Deputy Registrar, Co-operative Society – 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 Order dated 06.10.2023 passed by the Competent Authority and the District Deputy Registrar, Co-operative Societies, East Suburban, Mumbai in Application No. 32 of 2018 filed under Section 11 of The Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (“MOFA”). By the impugned Order, the Competent Authority issued Certificate of entitlement of unilateral Deemed Conveyance of the land bearing CTS No. 195/170 of village-Ghatkopar, Taluka-Kurla, Mumbai Suburban District, admeasuring 2047.71 sq. meter and building of the Petitioner-Society having ‘A’ ‘B’ or ’C’ and ‘D’ wings thereon.
2. At the outset, it is required to be noted that in the Deemed Conveyance Application, the Petitioner-Society has sought unilateral Deemed Conveyance of the land admeasuring 2843 sq. meter, whereas by the impugned Order, the Petitioner-Society has been allotted Deemed Conveyance of land only admeasuring 2047.71 sq. meter. The Petitioner has challenged the Order grant
Bhaskar Laxman Jadhav & Ors. vs. Karmaveer Kakasaheb Wagh Education Society
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....
The court established that in applications for unilateral deemed conveyance under MOFA, all parties with a legitimate interest, including landowners, must be given notice and an opportunity to be hea....
Deemed conveyance under MOFA must adhere to statutory obligations, and timelines cannot be circumvented by private agreements; competent authority must assess the proportional area for conveyance acc....
The court affirmed that a unilateral deemed conveyance can be granted under MOFA despite ongoing litigation, as the statutory rights of flat purchasers are not extinguished by an auction sale.
The court affirmed that deemed conveyance under MOFA can apply to composite societies, despite differing member agreements, emphasizing equitable treatment and the necessity of proper procedural comp....
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
The competent authority under MOFA must properly examine the legality and validity of the deed of conveyance and consider the applicant's eligibility and the promoter's compliance with the obligation....
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 the nature of power exercised by the Competent Authority under Section 11 of the MOFA Act, emphasizing the obligation of the promoter to convey rig....
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