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2024 Supreme(Bom) 811

MADHAV J. JAMDAR
Garodia Co-operative Housing Society Ltd. – Appellant
Versus
District Deputy Registrar, Co-operative Society – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vipul J. Shah.
For the Respondents: Vaishali Chaudhari, Manisha Gawde, Prashant Kamble, Ashish Kamat, Karl Tamboly, Aseem Naphade, Kausar Banatwala, Neuty Thakker, Ritesh Kursange, Tushar Garodia.

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

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