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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Nusli Neville Wadia – Appellant
Versus
Ijimima – Imitation Jewellery Market Co-operative Society – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. The present writ petitions have been instituted by Nusli Neville Wadia, Radhakrishna Properties Pvt. Ltd., and Ivory Properties and Hotels Pvt. Ltd., challenging the Order of Unilateral Deemed Conveyance dated 29th August 2022 passed by the District Deputy Registrar, Co-operative Societies (4), Mumbai City, acting as the Competent Authority under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. By the said order, the Competent Authority has granted deemed conveyance in favour of IJMIMA – Imitation Jewellery Market Co- operative Society in respect of a portion of land admeasuring 16,747.19 sq. meters together with RG area admeasuring 2,955.39 sq. meters, constituting 22% of the total area admeasuring 89,056 sq. meters forming part of land bearing CTS No. 1406/A/14 situated at Village Malad, Taluka Borivali, District Mumbai Suburban, located at Link Road, Malad (West), Mumbai .
2. The material facts according to petitioners giving rise to the present proceedings are as follows. Nusli Neville Wadia, acting as Administrator of the Estate of late Neville Wadia through Eduljee
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 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 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 under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
The court affirmed that deemed conveyance under MOFA can apply to composite societies, despite differing member agreements, emphasizing equitable treatment and the necessity of proper procedural comp....
The Competent Authority's jurisdiction under Section 11 of the MOFA Act is limited to enforcing the promoter's obligations, not adjudicating title disputes, which must be resolved in civil courts.
The competent authority under MOFA must properly examine the legality and validity of the deed of conveyance and consider the applicant's eligibility and the promoter's compliance with the obligation....
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.
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