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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Lokmanya Pan Bazar Association Ltd. – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to deemed conveyance. (Para 1 , 2 , 3) |
| 2. petitioner's and respondent's actions regarding redevelopment. (Para 4 , 5 , 6) |
| 3. petitioner's claims on alleged improper proceedings. (Para 7 , 8 , 9) |
| 4. arguments on mofa applicability. (Para 10 , 11 , 12) |
| 5. allegation against the use of the term 'special patron member'. (Para 13 , 14 , 15) |
| 6. defenses regarding service and notification. (Para 16 , 17 , 18) |
| 7. determining mofa applicability to transaction. (Para 19 , 20 , 21) |
| 8. court's view on maintainability of deemed conveyance application. (Para 22 , 23 , 24) |
| 9. valid formation of respondent no.3 society. (Para 25 , 26 , 27 , 28 , 29) |
| 10. allegations of violation of natural justice. (Para 30 , 31 , 32 , 33 , 34) |
| 11. assessing the impact of the ulc exemption order. (Para 35 , 36 , 37) |
| 12. impact of precedent cases on this case. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 13. conduct of parties influencing the case. (Para 46 , 47 , 48) |
| 14. final order of the court. (Para 54 , 55 , 56 , 57) |
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,
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.
Under Section 11 MOFA, Competent Authority conducts summary prima facie enquiry via key documents to grant deemed conveyance on promoter's failure; cannot hold full title trial; pending society regis....
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.
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