The jurisdictional limits of the Competent Authority prevent it from issuing a Corrigendum that effectively constitutes a substantive review of its prior order.

JUDGMENT :

N.J.JAMADAR, J.

1. Rule. Rule made returnable forthwith, and, with the consent of the parties, heard finally.

2. This Petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order dated 6 May 2025 passed by the District Deputy Registrar and Competent Authority (R4), thereby issuing a Corrigendum to an order dated 5 July 2022 passed by the Competent Authority, granting a Certificate of Unilateral Deemed Conveyance under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA), to the extent of correcting the area of the land to be conveyed from 738.80 sq. mtrs. to 823.72 sq. mtrs., out of land bearing CTS No.974, 974/1, 974/2 and 972 situated at Village Vileparle, Taluka Andheri, Mumbai Suburban District (the subject premises).

3. The background facts necessary for the determination of this Petition can be stated, in brief, as under :

3.1 Respondent No.3 was the owner of the properties bearing Survey Nos.974, 974/1 and 974/2. Respondent No.3 entered into a development agreement with the Respondent No.2. The latter constructed buildings on the said properties and executed agreements for sale of the flats therein in favour of the flat purchasers. Eventually, the flat purchasers formed the Respondent No.1 Society. It was registered on 18 April 1978.

3.2 Respondent No.2 – Promoter and Respondent No.3 – owner, committed default in their statutory obligation to convey their right, title and interest in the lands and buildings in favour of the Respondent No.1 Society in accordance with the provisions contained in MOFA and the rules thereunder. Respondent No.1, thus, filed an application being Application No.60 of 2022 before the Competent Authority under Section 11 of the MOFA, for grant of a certificate of Unilateral Deemed Conveyance.

3.3 In the said application, the Competent Authority issued notices to the Promoter and owner. None appeared for the Respondent Nos.2 and 3. After appraisal of the averments in the application and the documents annexed thereto and the material on record, the Competent Authority came to the conclusion that the promoter and owner had committed default in the discharge of their statutory obligations, and, therefore, by an order dated 5 July 2022, granted a Certificate of Unilateral Deemed Conveyance in respect of the land admeasuring 738.80 sq. mtrs., and the buildings standing thereon, out of Survey No.974, 974/1, 974/2.

3.4 It appears that the Respondent No.1 realized that there was some discrepancy as regards the area of the land which was ordered to be conveyed to the Respondent No.1 Society. In the property card, the area was shown 738.80 sq. mtrs., whereas the sanctioned building plan indicated that the area of the lands on which the building stood was 823.72 sq. mtrs. Reference was made to the approved building plan and the copy of the lease deed in respect of the lands bearing Survey No.185/A, Hissa No.1 Part and 185A/2A Part, to which subsequently, CTS Numbers were given. Hence, an application was filed for the issue of Corrigendum so as to correct the area of the land to 823.72 sq. mtrs.

3.5 In the said application, an amendment was sought so as to include an area admeasuring 84.92 sq. mtrs., out of CTS No.972, over which the buildings of the Petitioner’s Society have been constructed. By an order dated 23 December 2024, the Competent Authority disposed of the said first application for issue of Corrigendum along with the application for amendment therein, on the ground that the requisite documents were not annexed