JUDGMENT :

FARHAN P. DUBASH, J.

1. The present Writ Petition challenges an order dated 31st May 2017 (impugned order) passed by Respondent No. 2 / Competent Authority and Deputy Registrar of Co-operative Societies (Competent Authority) on an application for deemed conveyance preferred by Respondent No. 3 / Apeksha Co-operative Housing Society Ltd. under Section 11 of the Maharashtra Ownership of Flats Act, 1963 (MOFA), whereby deemed conveyance came to be granted in favour of Apeksha CHSL.

2. The principal challenge raised by the Petitioner who is the Promoter / Developer concerns the maintainability of a second deemed conveyance application filed by Apeksha CHSL on 3rd January 2017, pursuant to which the impugned order came to be passed. The controversy arises in the backdrop of an earlier application filed by Apeksha CHSL seeking identical reliefs, which has been rejected by the Competent Authority by a reasoned order dated 4th August 2016. By the said order, the Competent Authority held that, in view of the pendency of a civil suit instituted by Noble House CHSL, seeking conveyance in respect of land forming part of the same layout, the application was not maintainable at that stage, while granting liberty to Apeksha CHSL to file a fresh application after the decision of the said civil suit. It is an admitted position that the order dated 4th August 2016 was not challenged and that the said civil suit continues to remain pending.

3. The Petitioner is the Promoter / Developer of the single layout on which four buildings have been constructed. Respondent Nos. 3 to 6 viz., Apeksha Co-operative Housing Society Ltd. / Respondent No. 3 (Apeksha CHSL), Noble House Co-operative Housing Society Ltd. / Respondent No. 4 (Noble House CHSL), Valencia Co-operative Housing Society Ltd. / Respondent No. 5, (Valencia CHSL) and Camron Heights Co-operative Housing Society Ltd. / Respondent No. 6, (Camron Heights CHSL) are the four Co-Operative Housing Societies formed by flat-purchasers in the respective four buildings constructed within the said layout.

BRIEF CHRONOLOGY OF RELEVANT EVENTS

4. For a proper appreciation of the controversy, the relevant factual background may briefly be noted as under:

4.1 The property comprises a single layout bearing survey no. 41, being plot nos. F-7 to F-14 of Block “F”, corresponding to CTS Nos. 626/6, 626/7, 626/8, 626/9 to 626/11, admeasuring about 10,130.56 sq. mtrs. (approximately 11,733.36 sq. yds.) situated at Village Oshiwara, Taluka Andheri, Sundarvan Complex, Lokhandwala Road, Andheri (West), Mumbai 400053. The layout is divided by a Development Plan Road into three portions: Plot “A”, on which building ‘Kalash’ stands, Plot “C”, reserved for DP Road; and Plot “B”, admeasuring about 8,259 sq. mtrs., upon which four buildings, namely, Apeksha, Noble House, Valencia and Camron Heights have been constructed.

4.2 Between 7th January 1989 and 8th October 1999, various exemption orders and corrigenda were issued under the Urban Land (Ceiling and Regulation) Act, 1976, granting exemption under Section 20 with respect to land admeasuring about 4,792.49 sq. mtrs., subject to surrender of specified built-up area to the State Government and compliance with stipulated conditions. The amalgamated layout thereafter received approval from the Municipal Corporation of Greater Mumbai on 6th May 1991.

4.3 Between 1989 and 1993, the Promoter constructed two buildings on Plot “B”, namely Apeksha and Noble House, pursuant to Intimation of Disapproval (IOD) dated 10th May 1991. Both buildings comprise ground plus seven upper floors, with Apeksha having 41 flats and FSI consumption of 1,740 sq. mtrs. and Noble House having 49 flats and FSI consumption of 1,885 sq. mtrs. Occupancy Certificates were issued on 12th October 1996 (for Apeksha) and 26th March 1997 (for Noble House). Both societies were subsequently registered in 1999.

4.4 Thereafter, two additional buildings were constructed within the same layout. Valencia, with FSI co