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SHARMILA U. DESHMUKH
ALJ Residency Co-operative Housing Society – Appellant
Versus
State of Maharashtra Mumbai – Respondent
JUDGMENT :
1. Rule. With Consent, Rule made returnable forthwith and taken up for final disposal.
2. By this petition filed under Article 227 of the Constitution of India, the order dated 30th January 2017 passed by the Competent Authority – District Deputy Registrar Co-operative Societies, Mumbai in Application No.72 of 2016 filed under Section 11(3) of Maharashtra Ownership of Flats (Regulation of Promotion of Construction of sale, Management and Transfer) Act, 1963 [for short “MOFA”] dismissing the application is assailed.
3. Briefly stated, facts of the case are that the Petitioner-Society has been constructed on land bearing CTS No.C/873, C/874, C/875, C/884 and C/885 admeasuring 1284.29 sq mtrs. situated at Pali Mala Road, Pali Naka, Bandra West, Mumbai – 400 050. The subject property was owned by one Abdulla Khan Jamruddin Khan who expired on 9th December 1976. In the year 1980, an application for grant of Letters of Administration was allowed by the High Court and the Respondent No. 3 was granted Letters of Administration to administer the estate of Late Abdulla Khan Jamruddin Khan. On 19th March 1993, an agreement came to be executed between the Respondent No.3–Administrator,
The absence of an occupation certificate does not prevent a Co-operative Housing Society from obtaining deemed conveyance, as the promoter's failure cannot disadvantage flat purchasers.
The court affirmed that deemed conveyance can be granted under Section 11 of the Act even without an occupancy certificate, provided a self-declaration is submitted, preventing promoters from benefit....
The court affirmed that deemed conveyance can be granted without an occupancy certificate if a self-declaration is submitted, emphasizing the promoter's obligation to obtain such certificate.
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
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 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 court ruled that a society can obtain deemed conveyance even without an occupancy certificate, emphasizing that the promoter's defaults should not disadvantage flat purchasers.
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 Competent Authority must comply with statutory obligations and government guidelines when issuing deemed conveyance certificates, ensuring proper measurement and entitlement assessment.
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