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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
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 the owner and lessor of two contiguous plots situated at Bandra, Danda Khar West, Mumbai 400052. The first plot originally bore CTS No.D 1084 admeasuring approximately 2983.25 square meters. The second plot originally bore CTS No.D1804 admeasuring approximately 3576.70 square meters.
3. By two separate lease deeds, both dated 7 February 1991, respondent No.9 demised the first property in favour of respondent No.6 and the second property in favour of respondent No.7. Thereafter, under two distinct Development Agreements dated 19 August 1997 and 17 September 1997 executed between respondent Nos.6 and 7 on one hand and respondent No.3 on the other, respondent No.3 was appointed as developer under the Slum Rehabilitation Authority Scheme.
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....
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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