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2025 Supreme(Bom) 750

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Amit Borkar, J
Flagship Infrastructure Ltd. – Appellant
Versus
Flagship Infrastructure Ltd. – Respondent


Advocates Appeared:
Mr. Prasad Dani, Senior Advocate i/b. Mr. Sarthak S. Diwan for the Petitioners.
Ms. M. P. Thakur, AGP for Respondent No.1-State.
Mr. Anil Anturkar, Senior Advocate i/b. Sugandh Deshmukh for Respondent No.2 in Writ Petition and and for the Applicants in all
Interim Applications.

JUDGMENT :

AMIT BORKAR, J.

1. This petition raises a narrow, but important question of law: whether a notification issued under Section 20 (4) of the Maharashtra Regional and Town Planning Act , 1966 (MRTP Act), granting a developer ten years’ time for completing a development project, can override the statutory obligation cast upon the developer under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act , 1963 (MOFA) and Rule 9 of the MOFA Rules, 1964, to execute a conveyance of title in favor of a cooperative housing society within four months of its formation. This Court is thus called upon to examine the scheme and purpose of the two statutes and decide which must prevail in the event of an apparent conflict.

2. The present petition has been instituted by the petitioners, who are developers, questioning the legality and validity of the judgment and order dated 27th November 2018 passed by the District Deputy Registrar, Co-operative Societies, Pune (Rural). By the said order, rendered in Application No. DC 16/2018-19, a certificate of deemed conveyance has also been issued in favor of respondent No.2 – the Housing Society.

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