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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Flagship Infrastructure Ltd – Appellant
Versus
The Competent Authority – Respondent
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.
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 mandates timely conveyance of property 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.
A notification under the MRTP Act cannot override the legal duty of conveyance under MOFA, which prevails in matters concerning flat buyers' rights.
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 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 under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
The promoter must execute the conveyance deed within four months of cooperative society registration, regardless of outstanding dues from individual purchasers.
The court affirmed that deemed conveyance under MOFA can apply to composite societies, despite differing member agreements, emphasizing equitable treatment and the necessity of proper procedural comp....
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