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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Quantum Park Cooperative Housing Society Limited – Appellant
Versus
AHCL-PEL, A limited liability partnership registered under the provisions of the Limited Liability Partnership Act, 2008 – Respondent
| Table of Content |
|---|
| 1. development rights established via leases and agreements (Para 1 , 2 , 3 , 4 , 5) |
| 2. additional area included through amalgamation subdivision (Para 6 , 7 , 8 , 9) |
| 3. buildings built society formed conveyance sought (Para 10 , 11 , 12 , 13) |
| 4. application rejected over area pending suits (Para 14 , 15) |
| 5. subdivision ignored suits irrelevant jurisdiction exceeded (Para 16 , 17 , 18) |
| 6. fsi diversion unauthorized construction disputed (Para 19 , 20) |
| 7. authority must identify correct subdivided area (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 8. suit pendency no bar to conveyance (Para 27 , 28 , 29) |
| 9. documents affirm buildings on specific sub-plot (Para 30 , 31 , 32) |
| 10. deemed conveyance ordered for sub-divided land (Para 33 , 34) |
JUDGMENT :
AMIT BORKAR, J.
1. The petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India to assail the Judgment and Order dated 13 April 2022 passed by respondent No.10. By the said order, the application preferred by the petitioner society under Section 11(3) of the Maharashtra Ownership Flats Act, 1963 was rejected.
2. The facts giving rise to the present petition are as follows. Respondent No.9 was t
Competent Authority under Section 11 MOFA must determine and grant deemed conveyance for correct subdivided area from official records, undeterred by pending civil suits on construction deviations an....
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 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 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 affirmed that deemed conveyance can be granted under Section 11 of the Act even without an occupancy certificate, provided a self-declaration is submitted, preventing promoters from benefit....
The court affirmed that deemed conveyance can be granted without an occupancy certificate if a self-declaration is submitted, emphasizing the promoter's obligation to obtain such certificate.
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.
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 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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