Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Swastik Promoters and Developers – Appellant
Versus
Competent Authority, the District Deputy Registrar of Cooperative Societies – Respondent
| Table of Content |
|---|
| 1. challenge to deemed conveyance (Para 1) |
| 2. background of the case (Para 2) |
| 3. civil suit filed (Para 3) |
| 4. premature application (Para 4) |
| 5. authority's evaluation (Para 5) |
| 6. jurisdictional errors (Para 6) |
| 7. defense of the order (Para 7) |
| 8. binding mou (Para 8) |
| 9. reliance on judicial precedent (Para 9) |
| 10. promoter's rights (Para 10 , 11) |
| 11. authority's quasi-judicial role (Para 12 , 13 , 14 , 15) |
| 12. limited jurisdiction (Para 16) |
| 13. judicial intent (Para 17 , 18 , 19 , 20 , 22 , 23 , 24 , 25) |
| 14. writ petition dismissed (Para 26) |
| 15. writ petition disposed (Para 27) |
| 16. ad-interim relief extended (Para 28) |
JUDGMENT.:
(AMIT BORKAR, J.)
1. The petitioner takes exception to an order dated 26th July 2021 passed by respondent No.1 in Deemed Conveyance Application No.D.C.1006568/2019/1608 granting unilateral deemed conveyance under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA Act”) in respect of land admeasuring 13718.26 sq. mtrs. along with construction admeasuring 12048.83 sq. mtrs. on the land at Mouje Tathavade, Taluka Mulshi, District Pune.
2. The facts and circumstances giving rise
The Competent Authority's jurisdiction under Section 11 of the MOFA Act is limited to enforcing the promoter's obligations, not adjudicating title disputes, which must be resolved in civil courts.
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 right to deemed conveyance under the MOFA Act matures upon execution of the agreement and payment, and cannot be delayed by the developer's inaction.
The Competent Authority's deemed conveyance under MOFA must adhere strictly to existing agreements, and disputes over property rights should be resolved in civil court.
The statutory obligation to execute the conveyance deed under MOFA cannot be delayed by contractual stipulations or incomplete construction, ensuring timely ownership transfer to flat purchasers.
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....
Under Section 11 MOFA, Competent Authority conducts summary prima facie enquiry via key documents to grant deemed conveyance on promoter's failure; cannot hold full title trial; pending society regis....
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
Promoter under MOFA s.11 must convey full right, title, interest in proportionate land/building to society of completed segment despite incomplete layout; procedural defects invalid only on prejudice....
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
