Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.

JUDGMENT :

MILIND N. JADHAV, J.

1. Present Writ Petition takes exception to the order dated 17.06.2022 passed by the District Deputy Registrar, Pune in Application No.466 of 2021 filed by Respondent No.1 – Society under Section 11 (3) of the the Maharashtra Ownership Flats (Regulation of the promotion of Construction, Sale, Management And Transfer) Act, 1963 (for short ‘MOFA’).

2. By order dated 17.06.2022, the District Deputy Registrar, Pune allowed the Application filed by Respondent No.1 - Society and granted deemed conveyance in respect of the subject property bearing CTS No.1707(P) of C.S. No.1, Pune and Survey No. 256/1+1+1/2+2+3+4/1+4/2+5/1+5/2+6/1+6/2+6A/1+6A/2+7A+7B/1+7B/2/1/2 for land admeasuring 3422 square meters and constructed area of 3648 square meters out of total 3880 square meters originally situated in Village Hadapsar, Taluka Haveli and District Pune (for short "Suit property") in favour of Society which is admittedly owned by the Petitioner - Promoter/Developer. Pursuant to the above order Deemed Conveyance is also registered by Respondent No.1 - Society on 01.07.2022. Petition is filed on 12.10.2022.

3. Briefly stated facts germane for adjudication of the present Writ Petition are as follows:-

3.1. Petitioner – Promoter / Developer being owner of suit property was desirous of developing it in a phase-wise manner and in furtherance thereof applied for obtaining various approvals, sanctions, NOCs, Certificates, permissions etc. from the Pune Municipal Corporation and Statutory Authorities for carrying out the proposed development by exploiting its fullest potential. Accordingly on 23.05.2013 Petitioner – Promoter / Developer received Commencement Certificate and approval for construction of first building consisting of stilt + 9 floors on plinth area of 3170 square meters. On 19.11.2013 Petitioner – Promoter / Developer obtained non-agricultural permission in respect of the suit property. Thereafter Petitioner – Developer handed over reserved and designated H.C.M.T.R. area, Development Plan road area and water body area to the Competent Authority which were reserved in the suit property and in lieu thereof became entitled for additional FSI / benefits.

3.2. On 11.01.2016 Petitioner – Promoter / Developer revised the building plan of first building and got sanctioned a revised Commencement Certificate from Pune Municipal Corporation for building consisting of stilt + 11 floors with total 55 units, 24 two- wheeler parking spaces and 58 cycle parking spaces for 3648.23 square meters constructed area. Members of the Society did not object to this development. Promoter completed the said construction.

3.3. After completion of first building nomenclatured as Palazzo, on 25.08.2016 Petitioner – Developer executed registered Agreements under Section 4 of the MOFA with prospective flat purchasers / members of Respondent No.1 – Society. On 20.07.2017 Petitioner – Promoter / Developer received part Occupation Certificate for 55 flats in building No.1.

3.4. On 18.11.2019 Petitioner – Promoter / Developer submitted further proposal for development to the Pune Municipal Corporation for construction of additional building comprising of ground + 18 storeys on the balance suit plot by exploiting the balance potential of the entire plot as available in accordance with law. CC was sanctioned accordingly in 2021 by th