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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Marvel Promoters & Developers (Pune) – Appellant
Versus
Competent Authority, District Deputy Registrar – Respondent
JUDGMENT:
1. Challenge in this petition filed under Article 227 of the Constitution of India is to the legality, propriety and correctness of the order dated 14th October 2020 passed by the District Deputy Registrar, Cooperative Societies, Pune (hereinafter referred to as "the Competent Authority") in Deemed Conveyance Application No. DC/1006635/2019/3263, whereby the Competent Authority directed execution of a deemed conveyance deed in favour of respondent No.2-Society. Consequent to the said impugned order, a Sale Deed styled as Deemed Conveyance Deed came to be registered on 20th October 2020, which is also under challenge in the present proceedings.
2. The facts and circumstances giving rise to the filing of the present writ petition, as narrated by the petitioner, are briefly set out as under:
3. The dispute in the present matter pertains to the immovable property comprising land bearing Survey No. 69, Hissa Nos. 4 and 5, situate at Kharadi, Taluka Haveli, District Pune, admeasuring approximately 18,038 square meters. The said land forms the subject matter of a development project, which consists of two buildings each having 22 storeys, being developed by the petitioner.
4. It is
The promoter must execute the conveyance deed within four months of cooperative society registration, regardless of outstanding dues from individual purchasers.
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.
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 society is entitled to deemed conveyance under the provisions of MOFA.
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.
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 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 timely conveyance of title to flat purchasers, overriding any conflicting provisions in the Maharashtra Regional and Town Planning Act.
The Maharashtra Ownership Flats Act prevails over the Maharashtra Regional and Town Planning Act, ensuring developers must convey title to flat purchasers within four months of society formation.
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