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2025 Supreme(Bom) 839

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
Yogesh Jayant Khadilkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rohit Joshi for Petitioner
For the Respondent:Ms. Snehal S. Jadhav, AGP for Respondent Mr. Jamsheed Master a/w Mr. Bhutekar and Ms. Gargi Warunjikar

Judgment :

(SANDEEP V. MARNE, J.)

1. The Petition challenges order dated 31 March 2022 passed by the Competent Authority granting certificate of unilateral deemed conveyance of land and the building in favour of the Respondent No.3-Society.

2. I have heard Mr. Joshi, the learned counsel appearing for the Petitioner, whose main objection to the impugned order is conveyance of land and building in favour of the Society, whose building is yet to receive an occupancy certificate. He has relied upon Order passed by this Court in Janak Chimanlal Thacker & Ors. vs. Prathmesh Tower Premises Co-op. Housing Society Ltd. and others, Order dated 15 September 2021 passed in Writ Petition No.2314 of 2021and Judgment in Tushar Jivram Chauhan & Anr. vs. The State of Maharashtra & Ors., Judgment dated 24 March 2015 passed in Writ Petition (Stamp) No.17637 of 2014in support of his contention that application under section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (the Act) cannot be entertained by the Competent Authority where the building is yet to receive occupancy certificate. In alternate, Mr. Joshi would contend tha

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