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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P.POONIWALLA
Velentine Properties Private Limited – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to the october 2025 order (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's entitlement to conveyance (Para 7 , 8 , 9 , 10) |
| 3. legal proceedings initiated by petitioner (Para 11 , 12 , 13 , 14) |
| 4. arguments regarding conveyance and obligations (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. counterarguments by respondent no.3 (Para 21 , 22 , 23 , 24 , 25) |
| 6. court's analysis of statutory obligations (Para 39 , 40 , 41 , 42) |
| 7. assessment of deemed conveyance provisions (Para 43 , 44 , 45 , 46) |
| 8. final order and directions (Para 66 , 67 , 68) |
JUDGMENT :
FIRDOSH P. POONIWALLA, J.
1. Rule. Rule made returnable forthwith and heard finally by consent of parties.
2. This Writ Petition challenges an Order dated 16th October 2025 passed by Respondent No.2 i.e. the District Deputy Registrar– Co-operative Society, Mumbai City (4), Competent Authority under Section 5A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short “MOFA”), whereby Respondent No.2 has granted a Unilateral Deemed Conveyance in favour of Respondent No.3 Society.
3. Before considering the impugned Order dated 16th October 2025, and the submission
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'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 Competent Authority must comply with statutory obligations and government guidelines when issuing deemed conveyance certificates, ensuring proper measurement and entitlement assessment.
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 promoter is legally obligated to convey the entire leased land to the Society as per the agreement, regardless of FSI utilization.
The Competent Authority's deemed conveyance under MOFA must adhere strictly to existing agreements, and disputes over property rights should be resolved in civil court.
The court established that under Section 11 of MOFA, a promoter must convey the entire leased land as per the agreement, regardless of FSI utilization.
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....
Promoter under MOFA s.11 must convey full right, title, interest in proportionate land/building to society of completed segment despite incomplete layout; procedural defects invalid only on prejudice....
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.
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