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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Lok Housing & Construction Ltd. – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. By way of this writ petition filed under Article 226 of the Constitution of India, the petitioner, who is a developer, has challenged the legality, validity, and propriety of the impugned judgment and order dated 21st March 2017 passed by the District Deputy Registrar, Cooperative Societies, Mumbai. The said impugned order was passed in Application No. DC 1003197/2016 and is accompanied by a certificate of deemed conveyance issued on the same day in favour of respondent No.3 – the Co-operative Housing Society. The said certificate pertains to the land admeasuring 5219.90 square metres along with the undivided share and interest in the common areas and common facilities to the extent of 17288.80 square metres out of the total area admeasuring 29897.20 square metres forming part of the larger layout of land bearing CTS No.661/1/1.
2. The brief facts as pleaded by the petitioner are as follows:
The original owner of the property in question is M/s. Eternit Everest Limited. As per the partnership deed dated 31st July 1990, the development rights in respect of the said property were assigned to M/s. Lok Holdings. Subsequently, all rights, title, and interest, including benefi
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 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 must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
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 promoter must execute the conveyance deed within four months of cooperative society registration, regardless of outstanding dues from individual 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....
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.
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