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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Amit Borkar, J.
Kartik Regency Coop. Housing society Ltd. – Petitioner
Versus
The State of Maharashtra, through Cooperation Department - Respondent
Writ Petition No.12078 of 2025
Decided On : 06-02-2026
| Table of Content |
|---|
| 1. promoter failed to convey despite selling flats. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. section 11 inquiry limited to prima facie documents. (Para 7 , 8) |
| 3. pending appeal and consents bar incomplete society claim. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. summary proceedings allow relevant document review. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. documents confirm precise land identity for conveyance. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. minutes and consents do not override obligations. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 7. pending registration valid for section 11 relief. (Para 34 , 35 , 36) |
| 8. direct deemed conveyance; set aside rejection. (Para 37 , 38 , 39 , 40 , 41 , 42) |
JUDGMENT :
AMIT BORKAR, J.
1. By the present writ petition instituted under Articles 226 and 227 of the Constitution of India, the petitioner calls in question the legality and correctness of the order dated 26 August 2025 passed by Respondent No. 2 in exercise of powers under Section 11 of the MAHARASHTRA OWNERSHIP FLATS ACT , 1963. By the said order, the application preferred by the petitioner Co-operative Housing Society seeking grant of Deemed Conveyance in respect of the property of the Society came to be rejected.
2. The material on record indicates that pursuant to the Commencement Certificate dated 13 September 2007 issued by the Navi Mumbai Municipal Corporation, the building of the petitioner Society was constructed on land bearing CTS Nos. 100, 101 and 103 to 107, situated at Kille Gaothan, Belapur, Navi Mumbai.
3. Upon completion of construction, the Navi Mumbai Municipal Corporation issued an Occupation Certificate dated 21 March 2009. A plain reading of the said Occupation Certificate demonstrates that Respondent Nos. 3 and 4 had exhausted the entire permissible Floor Space Index in respect of the aforesaid land bearing CTS Nos. 100, 101 and 103 to 107. The sanctioned building plan as it stood on the date of issuance of the Occupation Certificate further substantiates that the entire FSI available on the land bearing CTS Nos. 100, 101 and 103 to 107 had been fully utilized by Respondent Nos. 3 and 4.
4. It is not in dispute that Respondent Nos. 3 and 4 had sold the majority of the flats even prior to the issuance of the Occupation Certificate. In such circumstances, it was incumbent upon them, in terms of the statutory mandate under MOFA and more particularly in view of the undertaking recorded in paragraph 27 of the Agreements executed under Section 4 of MOFA, to take necessary steps to form a Co-operative Housing Society of the flat purchasers and to execute a conveyance in favour of the petitioner Society within the prescribed period. The Agreements executed by Respondent Nos. 3 and 4 in favour of the individual purchasers, who are now members of the petitioner Society, specifically describe the property in the First Schedule as Tika No. 2, City Survey Nos. 100, 101 and 103 to 107, admeasuring in aggregate 1479.10 square metres, situated at Village Shahabaz Belapur, Kille Gaothan, Navi Mumbai. The description of the property is thus clear and unambiguous.
5. As Respondent Nos. 3 and 4 neither formed the Society within the stipulated time nor executed the conveyance in its favour, one of the members of the petitioner Society lodged a First Information Report dated 13 March 2025 against Respondent Nos. 3 and 4 alleging commission of an offence under Section 13 of MOFA. Thereafter, Respondent Nos. 3 and 4 approached the Court of the learned Judicial Magistrate, First Class, Belapur, Navi Mumbai, and were granted conditional bail by order dated 16 April 2025, inter alia considering their age and status as senior citizens. Subsequent to their release on bail, Respondent Nos. 3 and 4 preferred an appeal before the learned Joint Registrar, Co- operative Societies, Konkan Bhavan, under Section 152 of the Maharashtra Co-operative Societies Act, assailing the registration of the petitioner Society. The sequence of events, as set out above, is re
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 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 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....
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 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 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 absence of an occupation certificate does not prevent a Co-operative Housing Society from obtaining deemed conveyance, as the promoter's failure cannot disadvantage flat purchasers.
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
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