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JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Kamat, learned Senior Advocate for Petitioner; Mr. Pagare, learned Advocate for Respondent No.1; Mr. Thorat, learned Advocate for Respondent No.3 and Mr. Gavhane, learned AGP for Respondent No.7 – State. By consent, Writ Petition is heard and disposed of finally.
2. Petition is filed challenging impugned Order dated 20.03.2024 passed by the District Deputy Registrar of Cooperative Societies (for short "Respondent No.2") granting Certificate of Unilateral Deemed Conveyance under Section 11 of Maharashtra Ownership of Flats Act, 1960 (for short “MOFA”) to Respondent No. 1 – Society.
3. Briefly stated, in or about 1950, one Shri. Amrutlal G. Sonawala, (for short “Original Owner”) was the absolute owner of plot bearing Survey Nos. 111, 112 and 125 corresponding to CTS No. 498, 498/1 to 8, Revenue Village - Aksar Pahadi, Borivali, Mumbai. By Indenture of Lease dated 08.05.1963, Original Owner leased plot of land bearing CTS No. 498A, 498/1 to 3, Village Aksar Pahadi, Borivali, Mumbai (for short “subject land”) to Respondent No. 4. On or about 31.12.1964, Respondent No. 4 agreed to transfer and assign lease of subject land to Petitioner to constru
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 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 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 main legal point established in the judgment is the limited scope of the Competent Authority's enquiry under section 11 of the Maharashtra Ownership of Flats Act, 1963, and the dismissal of the P....
The Competent Authority's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
The court established that in applications for unilateral deemed conveyance under MOFA, all parties with a legitimate interest, including landowners, must be given notice and an opportunity to be hea....
The court affirmed that a unilateral deemed conveyance can be granted under MOFA despite ongoing litigation, as the statutory rights of flat purchasers are not extinguished by an auction sale.
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....
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