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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
S&M Enterprises – Appellant
Versus
Palazzo Building No. 1 CHSL – Respondent
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
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
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'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 right to deemed conveyance under the MOFA Act matures upon execution of the agreement and payment, and cannot be delayed by the developer's inaction.
Deemed conveyance under MOFA must adhere to statutory obligations, and timelines cannot be circumvented by private agreements; competent authority must assess the proportional area for conveyance acc....
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 under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
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 Maharashtra Ownership Flats Act mandates conveyance to be executed by promoters; failure triggers a remedial process under Section 11, which is not subject to extensive trials.
The court established that the promoter's obligation under MOFA to convey property to the society is paramount, and the competent authority's role is limited to ensuring compliance with this obligati....
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