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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
Yogesh Jayant Khadilkar – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to deemed conveyance (Para 1) |
| 2. petitioner's objections (Para 2) |
| 3. respondent's defense (Para 3) |
| 4. competent authority's jurisdiction (Para 4) |
| 5. government resolution's impact (Para 5 , 6 , 7 , 8 , 9) |
| 6. promoter's default (Para 10 , 11 , 12 , 13) |
| 7. petition dismissed (Para 14) |
Judgment :
1. The Petition challenges order dated 31 March 2022 passed by the Competent Authority granting certificate of unilateral deemed conveyance of land and the building in favour of the Respondent No.3-Society.
3. The Petition is opposed by Mr. Master, the learned counsel appearing for Respondent No.3-Society, who would rely upon judgment of this Court in ALJ Residency Co-operative Housing Society Ltd. vs. State of Maharashtra and others,, [ 2024 SCC OnLine Bom 3638 ]. He would submit that this Court has concluded in judgment in ALJ Residency that an order of deemed conveyance can also be passed where building of the society is yet to receive occupancy certificate. Mr. Master would submit that in any case, there is already a part occupancy certificate in respect of the building of the Society and that therefore the objection sought to be raised by the Petitioner is otherwise n
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 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 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 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 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 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 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 Competent Authority's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
Competent Authority under Section 11 MOFA must determine and grant deemed conveyance for correct subdivided area from official records, undeterred by pending civil suits on construction deviations an....
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