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2026 Supreme(Online)(Bom) 350

HIGH COURT OF BOMBAY
Amit Borkar, J
Kartik Regency Coop. Housing society Ltd. – Appellant
Versus
The State of Maharashtra – Respondent
WRIT PETITION NO.12078 OF 2025



Advocates:
For the Appellants/Petitioners: Mr. Sanjiv Sawant, Mr. Rohan Mahadik, Ms. Kekhala More, Ms. Nikita Butty
For the Respondents: Ms. Kavita N. Solunke, Mr. Shailendra S. Kanetkar, Mr. Shivraj Patne, Mr. Rohan Soman, Ms. Shivali S. Mhatre

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.

Headnote:(A) Maharashtra Ownership Flats Act, 1963 - Section 11 - Deemed Conveyance - Petitioner sought Deemed Conveyance for property but was denied by the authority, citing procedural oversights - The statutory obligation of the developer to convey must be fulfilled after forming a society - The statutory remedy under Section 11 is triggered upon failure to execute conveyance. (Paras 1, 15, 36)

(B) Jurisdictional Limits - The authority must limit its enquiry to basic statutory conditions and cannot transform a summary proceeding into a full trial - Relevant documents may be considered for confirming entitlement, but the examination must remain focused. (Paras 18, 20)

(C) Rights of Flat Purchasers - The agreements under Section 4 MOFA create binding obligations, and subsequent informal documents cannot override statutory rights without proper modification. (Paras 30, 32)

Facts of the case:
The petitioner challenged the rejection of their application for Deemed Conveyance concerning land measuring 1479.10 square meters. Despite the developer's failure to comply with statutory obligations, the authority denied the application, leading to allegations of excess jurisdiction and disputes regarding consent from owners.

Findings of Court:
The petitioner established a prima facie case for Deemed Conveyance based on statutory agreements and certificates. The authority's rejection was found erroneous.

Issues: The core issues concerned jurisdictional limits in processing applications for Deemed Conveyance and the validity of informal agreements potentially modifying statutory rights.

Ratio Decidendi: The court held that the statutory framework does not allow promoters to evade their obligations through informal agreements and that the authority must undertake a careful examination but cannot convert the process into a full trial.

Result: Writ petition allowed, order rejecting Deemed Conveyance set aside.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with references:

  1. The petitioner society, Kartik Regency Co-operative Housing Society Ltd., filed a writ petition challenging an order that rejected their application for Deemed Conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 (!) .

  2. The construction of the building was carried out on land identified by specific survey numbers (CTS Nos. 100, 101, and 103 to 107) and was supported by statutory certificates such as the Commencement Certificate and Occupation Certificate, which confirm the land's identity and the completion of construction on that land (!) (!) .

  3. The Agreements under Section 4 of MOFA, executed between the promoter and individual flat purchasers, clearly describe the property, including the survey numbers and total area, and are supported by statutory certificates, establishing the identity and boundaries of the property for which conveyance is sought (!) (!) (!) .

  4. The authority's role in proceedings under Section 11 is limited to a prima facie verification of compliance with statutory conditions, including checking the validity of Agreements, Certificates, and whether the promoter has failed to convey within the prescribed period. The authority is not expected to conduct a detailed trial or resolve complex title disputes (!) (!) (!) .

  5. The documents presented, such as the Agreements, the statutory Certificates, and the Architect’s Certificate, collectively establish the identity and extent of the property, which is strictly confined to the area of approximately 1479.10 square meters as described in the Agreements and supported by official certificates (!) (!) .

  6. The alleged minutes of a meeting dated 27 March 2021, which purportedly record flat purchasers' consent for construction on adjacent open land, do not conclusively demonstrate a waiver or surrender of the statutory right to conveyance. Their authenticity and legal effect are in dispute, and they do not override the clear contractual and statutory obligations (!) (!) (!) .

  7. The statutory obligation for conveyance arises from the Agreements and is supported by statutory certificates. These obligations cannot be nullified by subsequent informal agreements or consents unless there is a legally valid modification, which is not established in the record (!) (!) .

  8. The registration of the petitioner society, although challenged and under appeal, is considered prima facie valid. The pending appeal does not automatically render the society non-existent or prevent the exercise of statutory rights unless a final order of cancellation is issued (!) .

  9. The municipal permissions for further construction, including on adjoining lands, do not affect the statutory entitlement to conveyance for the property described in the Agreements. Such permissions are separate and do not override the statutory remedy under Section 11 where the promoter has failed to convey (!) .

  10. The Court found that the petitioner had established sufficient prima facie facts to invoke Section 11, including the identification of the property, the sale of flats, the promoter’s failure to convey, and the supporting statutory documentation. The authority's rejection of the application was deemed erroneous (!) .

  11. The Court set aside the order rejecting the Deemed Conveyance and directed the competent authority to issue a fresh order in accordance with law, recognizing the petitioner society’s entitlement to conveyance of the specified property area (!) (!) (!) .

  12. The Court rejected the respondent’s request for a stay of the judgment and ordered that the authority complete the necessary proceedings within six weeks, ensuring the conveyance process proceeds in accordance with the Court’s directions (!) .

  13. The application for Deemed Conveyance is confined to the specific property described in the Agreements and statutory certificates, and there is no basis to include adjoining lands or to rely on documents suggesting waiver of rights unless conclusively established (!) (!) (!) .

Would you like a detailed legal opinion or further clarification on any specific aspect?


Table of Content
1. challenge to the legality of an order rejecting deemed conveyance. (Para 1)
2. facts regarding construction and completion certificates. (Para 2 , 3 , 4)
3. prejudice caused by delayed conveyance. (Para 5 , 6)
4. jurisdictional limits of the competent authority. (Para 7 , 8)
5. maintainability and composition of the petitioner society. (Para 9 , 10)
6. summary nature of the section 11 proceedings. (Para 15 , 16 , 17 , 18)
7. authority's power to examine various documents. (Para 19 , 20)
8. clear identification of property in agreements. (Para 21 , 22 , 23)
9. threshold requirements for deemed conveyance fulfilled. (Para 24 , 25)
10. minutes of meeting do not negate statutory rights. (Para 26 , 27 , 28 , 29 , 30)
11. consents cannot override statutory obligations. (Para 31 , 32 , 33)
12. implications of the ongoing appeal on society's status. (Para 34)
13. petitioner's entitlement to deemed conveyance. (Para 36)
14. court's directive following favorable judgment. (Para 37 , 38 , 39 , 40)
15. rejection of stay request. (Para 41 , 42)

JUDGMENT:

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

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