Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
Laxman Narayan Zagade And Ors. – Appellant
Versus
Competent Authority and District Deputy Registrar, Cooperative Societies, Pune – Respondent
Judgment :
1) Petition challenges order dated 24 November 2024 passed by the Competent Authority and District Deputy Registrar, Co-operative Societies, Pune City, Pune granting certificate of Unilateral Deemed Conveyance of land admeasuring 4913.17 sq.mts. together with construction admeasuring 3239.06 sq.mtrs. out of total land of 6500 sq.mts in favour of Respondent No.2-society.
2) I have heard Mr. Sugandh Deshmukh, the learned counsel appearing for the Petitioners, Mr. Dani, the learned senior advocate appearing for Respondent No.2 Society, Mr. Mulla, the learned AGP for Respondent -State, Mr. Tejas Deshmukh, the learned counsel appearing for Respondent No.3 and Mr. Kale, the learned counsel appearing for Respondent No.4.
3) The main contention raised by Mr. Sugandh Deshmukh is that the construction has been caused by Respondent No.3-developer in gross violation of development permission issued by the Planning Authority. It appears that the Assistant Director of Town Planning, Pune had sanctioned the layout of land admeasuring 6500 sq.mt, in which construction of 48 flats was approved. It however appears that Respondent No.3- developer constructed total 85 units in the building com
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 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 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 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 must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
The Competent Authority must comply with statutory obligations and government guidelines when issuing deemed conveyance certificates, ensuring proper measurement and entitlement assessment.
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.
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
