2026 Supreme(Bom) 390

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Amit Borkar, J.
Nusli Neville Wadia - Petitioner
Versus
Ijimima – Imitation Jewellery Market Co-operative Society – Respondent 
Writ Petition No.14690 of 2022, Writ Petition No.112 of 2023, Writ Petition No.1584 of 2024
Decided On : 24-02-2026

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 proof; title disputes for civil court. (28 words)

Headnote:(A) Maharashtra Ownership Flats Act, 1963 - Sections 2(c), 4, 10, 11, 16 - Deemed conveyance under Section 11 - Promoter broadly defined to include landowner causing construction and seller of flats - Must convey full right, title and interest in land and building to society of completed building in accordance with registered agreements under Section 4 - Cannot retain superior rights or fragment title; leasehold if holds leasehold, freehold if freehold - Applies even if larger layout incomplete after two decades, no indefinite postponement - Internal agreements contemplating lease superseded by later statutory agreements showing title transfer and land consideration receipt. Competent authority grants based on material before it in summary proceedings; title/area disputes for civil court. (Paras 45-82)

(B) Natural Justice - Procedural compliance under MOFA Rules r.13 - Issuance of notice at agreement address returned unserved followed by public notice sufficient - No violation unless real prejudice demonstrated beyond technical irregularity; participation by some parties cures defect where facts admitted and merits argued. (Paras 88-109)

(C) MOFA - Application completeness, suppression of prior MOUs, misjoinder - Defects procedural, not fatal absent prejudice - Prior inter-se arrangements do not override registered Section 4 agreements; recitals mention them, production mechanism available. Unconstructed buildings as proforma parties corrected in hearing. (Paras 110-138)

(D) Government Resolution dated 22nd June 2018 - Proportionate share for incomplete layouts - Calculated via architect certificate on sanctioned plan built-up area (22% here incl. recreational ground); not exceeded without challenge to plan/certificate. (Paras 123-132)

Facts of the case:
Landowner appointed developer for phased development of large plot per sanctioned layout of 10 buildings. Agreements with purchasers for Building No.4 (completed 2005) indicated title transfer obligation, 12% land consideration. Society formed 2009. After demand ignored amid promoter disputes, unilateral deemed conveyance application filed for proportionate land (16,747 sq.m + RG); granted by Competent Authority despite objections on leasehold, service, area, suppression.

Findings of Court:
Impugned order and deemed conveyance certificate upheld; petitions dismissed with liberty for civil remedies on title claims.

Issues: Whether competent authority could grant freehold conveyance contrary to alleged lease clauses; procedural validity re service/public notice; prematurity pending full layout; excess area per prior MOUs; society type eligibility; suppression vitiation.

Ratio Decidendi: Statutory scheme mandates promoter divest full interest per Section 11 upon building completion/society formation - MOFA agreements prevail showing title transfer intent over earlier lease stipulations; prejudice test for procedure; summary nature limits to material on record, relegating title quantum to civil adjudication.

Result: Writ petitions dismissed.