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MILIND N. JADHAV
Nahar Seth & Jogani Developers Pvt Ltd – Appellant
Versus
Dy. Registrar Co-operative Societies & Competent Authority – Respondent
JUDGMENT :
Milind N. Jadhav, J.
This Writ Petition takes exception to the impugned order and Certificate both dated 04.03.2022 issued by the Dy. Registrar Cooperative Societies and Competent Authority under Section 11 of the Maharashtra Ownership Flats Act, 1963 (for short "MOFA") granting deemed conveyance in favour of Respondent No. 2 - Society. According to Petitioner, deemed conveyance has been granted to the Respondent No. 2 - Society of certain portions of land belonging to the Petitioner in breach of the terms contained in the Consent Decree dated 06.02.2009 passed by the Bombay City Civil Court at Dindoshi in S.C. Suit No. 7410 of 1990 pursuant to the terms contained in Consent Terms dated 18.02.2000 which terms were consistently acted upon by both parties namely Petitioner and Respondent No. 2 - Society for more than 22 years.
2. Briefly stated the facts leading to filing of the present Petition are as under:-
2.1. Petitioner is the owner of land bearing CTS No. 1116 of Village Versova, Taluka Andheri situated in Mumbai Suburban District admeasuring 12371 sq. m. originally. A part of this property admeasuring 943. 80 sq. m. was handed over as a setback area leaving the balance
The Competent Authority cannot override binding Consent Decrees, and deemed conveyance granted in violation of such decrees is unsustainable.
The main legal point established in the judgment is the limited scope of the Competent Authority's enquiry under section 11 of the Maharashtra Ownership of Flats Act, 1963, and the dismissal of the P....
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's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
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 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 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....
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