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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J. Jamadar, J, N.J.JAMADAR
Shivam Co-operative Housing Society Ltd. – Appellant
Versus
Vileparle Co-operative Housing Society Ltd. – Respondent
| Table of Content |
|---|
| 1. introduction and background of case (Para 2 , 3) |
| 2. arguments made by the parties supporting their positions (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's observations on jurisdiction and authority regarding reviews (Para 11 , 12 , 13 , 14 , 16 , 18 , 21 , 24 , 27) |
| 4. final judgment on jurisdiction and resulting orders (Para 36) |
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
The jurisdictional limits of the Competent Authority prevent it from issuing a Corrigendum that effectively constitutes a substantive review of its prior order.
The Competent Authority cannot issue a Corrigendum that materially alters a previous order without proper jurisdiction and adherence to natural justice principles.
A corrigendum under the MOFA is limited to correcting typographical errors and cannot be used to substantively review prior orders.
The Competent Authority's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
The main legal point established in the judgment is the limited scope of the Competent Authority's enquiry under section 11 of the Maharashtra Ownership of Flats Act, 1963, and the dismissal of the P....
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 main legal point established in the judgment is that the conveyance of land must be in accordance with the agreement between the parties, and a technical violation of natural justice may not warr....
The main legal point established in the judgment is that the owner and promoter, in the absence of legal complications, can convey the leasehold rights to the society, and objections to the maintaina....
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