IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Lokmanya Pan Bazar Association Ltd. – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. The petitioner has filed the present writ petition to challenge the judgment and order passed by Respondent No. 2, the Competent Authority. By the said order, deemed conveyance has been granted in favour of Respondent No. 3 Society in respect of Buildings B and C together with the land admeasuring 2989 square meters on which the said buildings stand.
2. Relevant facts as narrated by petitioner: The petitioner company was incorporated on 12 June 1968 as a company limited by guarantee without share capital. At that time, its registered office was at Lokmanya Pan Bazar, Girgaum, Mumbai 400004. The Memorandum of Association contains clauses relevant to this dispute. Clause 4 permits the company to construct and develop land or premises for the use and benefit of its members. Clause 13 authorises the company to purchase or take on lease property essential for its activities and to acquire rights including Vahiwat and allied rights. Clause 115 permits the company to sell, improve, exchange, lease or otherwise deal with its property to earn income. The Articles of Association contain corresponding clauses governing administration and membership.
3. In 1969, the p
MOFA applies to flat purchases, overriding claims of artificial membership definitions, and entitlement to statutory conveyance must not be impeded by contractual language. Natural justice is upheld ....
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
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....
The court affirmed that a unilateral deemed conveyance can be granted under MOFA despite ongoing litigation, as the statutory rights of flat purchasers are not extinguished by an auction sale.
The main legal point established in the judgment is the nature of power exercised by the Competent Authority under Section 11 of the MOFA Act, emphasizing the obligation of the promoter to convey rig....
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....
The competent authority under MOFA must properly examine the legality and validity of the deed of conveyance and consider the applicant's eligibility and the promoter's compliance with the obligation....
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 absence of an occupation certificate does not prevent a Co-operative Housing Society from obtaining deemed conveyance, as the promoter's failure cannot disadvantage flat purchasers.
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