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SHARMILA U. DESHMUKH
Blue Heaven Co-op Housing Society Ltd. – Appellant
Versus
Punit Construction Company Pvt. Ltd. – Respondent
JUDGMENT :
Sharmila U. Deshmukh, J.
1. By this petition filed under Article 227 of the Constitution of India, exception is taken to the order dated 18th January 2023 passed by the Competent Authority dismissing the Petitioner’s Application No 561 of 2011 filed under Section 11(3) of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction of sale, Management and Transfer) Act, 1963 [for short “MOFA” ].
FACTUAL MATRIX:
2. As discerned from the pleadings, the case of the Petitioner is that by an Indenture styled as “Agreement to Lease”, the Respondent No 10- CIDCO granted license to Ambo Gadge and Shripat Patil to enter upon the subject land and to develop the same by constructing buildings within a period of four years. CIDCO also agreed to grant lease of the subject plot jointly to Ambo Gadge and Shripat Patil.
3. It is stated that vide an Agreement for Assignment cum Sale cum Development executed on 15th May, 2023, Ambo Gadge and Shripat Laxman Patil granted development rights to the Respondent No.1 for monetary consideration of Rs.56,00,000/- and on 23rd May, 2003, the Respondent No.1 was appointed as Constituted Attorney by Ambo Gadge and Shripat Laxman Patil. Subs
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
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 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 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 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 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 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 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 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.
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