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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.:
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.
Respondent No.2 filed Deemed Conveyance Application No.1006
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....
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
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