1. By this petition filed under Article 227 of the Constitution of India, exception is taken to the order dated 18th January 2023 passed by the Competent Authority dismissing the Petitioner’s Application No 561 of 2011 filed under Section 11(3) of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction of sale, Management and Transfer) Act, 1963 [for short “MOFA” ].

FACTUAL MATRIX:

2. As discerned from the pleadings, the case of the Petitioner is that by an Indenture styled as “Agreement to Lease”, the Respondent No 10- CIDCO granted license to Ambo Gadge and Shripat Patil to enter upon the subject land and to develop the same by constructing buildings within a period of four years. CIDCO also agreed to grant lease of the subject plot jointly to Ambo Gadge and Shripat Patil.

3. It is stated that vide an Agreement for Assignment cum Sale cum Development executed on 15th May, 2023, Ambo Gadge and Shripat Laxman Patil granted development rights to the Respondent No.1 for monetary consideration of Rs.56,00,000/- and on 23rd May, 2003, the Respondent No.1 was appointed as Constituted Attorney by Ambo Gadge and Shripat Laxman Patil. Subsequently commencement cer