Case Note & Summary
The Petitioner, Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited, challenged a certificate of unilateral deemed conveyance issued by the District Deputy Registrar, Co-operative Societies, Mumbai City (4) and Competent Authority under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). The certificate included references to rights or interests created by documents other than the Agreement executed under Section 4 of MOFA. The Petitioner contended that the Competent Authority exceeded its jurisdiction by taking cognisance of such extraneous rights. The Court framed two issues: (i) whether the Competent Authority under Section 11 can consider rights created by documents other than the Section 4 agreement; and (ii) whether such references should be retained or removed from the certificate when parties are relegated to civil suit. The Court held that the Competent Authority's power under Section 11 is limited to effecting conveyance based on the Section 4 agreement and cannot extend to adjudicating rights arising from other documents. The validity of such rights must be determined by a civil court. Consequently, the Court directed that the references to such extraneous rights be removed from the certificate, while preserving the parties' right to seek appropriate remedies in civil proceedings. The petition was allowed with directions.
Headnote
A) MOFA - Unilateral Deemed Conveyance - Section 11 - Scope of Competent Authority's Power - The Competent Authority under Section 11 of MOFA cannot take cognisance of any interest or right in the conveyed land created by a document other than the Agreement executed under Section 4. Such rights must be adjudicated in a civil suit. (Paras 2, 3)
B) MOFA - Certificate of Conveyance - Removal of Extraneous References - Where the Competent Authority incorporates references to third-party rights created by documents other than the Section 4 agreement in the certificate of unilateral deemed conveyance, such references must be removed. The parties are relegated to civil suit for determination of validity of such rights. (Paras 2, 3)
Issue of Consideration
Whether the Competent Authority under Section 11 of MOFA can consider rights created by documents other than the Section 4 agreement; and whether such rights should be retained or removed from the certificate when parties are relegated to civil suit.
Final Decision
The Court allowed the petition, directing the removal of references to rights created by documents other than the Section 4 agreement from the certificate of unilateral deemed conveyance, while relegating parties to civil suit for determination of validity of such rights.
Law Points
- Competent Authority under MOFA Section 11 cannot take cognisance of rights created by documents other than the Section 4 agreement
- Validity of such rights must be agitated in civil suit
- References to such rights in conveyance certificate should be removed
Case Details
2024 LawText (BOM) (03) 102
WRIT PETITION (Lodg.) NO. 14346 OF 2023
Mr. Mayur Khandeparkar with Mr. Rahul Kedar & Mr. Tanuj Lodha i/b Lodha & Lodha Advocates, for Petitioner; Mr. Vishal Kanade with Mr. Rakesh V. Misar, Ms. Aastha Pande & Ms. Rupali Jadhav, for Respondent No.13; Mr. Amrut Joshi with Ms. Stenna Fernandes i/b Mr. Ashish T. Suryawanshi, for Applicant in Interim Application (L) No. 1560 OF 2024; Mr. Mohit Jadhav, Additional Government Pleader with Ms. Gaurangi Patil, AGP for State, Respondent No.1.
Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited
District Deputy Registrar, Co-operative Societies, Mumbai City (4), Competent Authority and Ors.
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Nature of Litigation
Writ petition challenging a certificate of unilateral deemed conveyance issued under Section 11 of MOFA.
Remedy Sought
Petitioner sought quashing or modification of the certificate to remove references to rights created by documents other than the Section 4 agreement.
Filing Reason
The Competent Authority included in the certificate references to interests or rights in the conveyed land created by documents other than the Agreement under Section 4 of MOFA.
Issues
Whether the Competent Authority under Section 11 of MOFA can take cognisance of rights created by documents other than the Section 4 agreement.
Whether such rights should be retained or removed from the certificate when parties are relegated to civil suit.
Submissions/Arguments
Petitioner argued that the Competent Authority exceeded its jurisdiction by considering extraneous rights.
Respondents likely argued that the certificate was valid and included all relevant interests.
Ratio Decidendi
The Competent Authority under Section 11 of MOFA cannot take cognisance of any interest or right in the conveyed land created by a document other than the Agreement executed under Section 4. Such rights must be adjudicated in a civil suit, and references to them in the certificate must be removed.
Judgment Excerpts
Whether the Competent Authority, while exercising power of issuing a certificate of unilateral deemed conveyance under Section 11 of MOFA, can take cognisance of an interest or a right in the conveyed land, which is created by a document other than the Agreement executed under Section 4?
Given the settled position that validity of such interest or right in respect of conveyed land can only be agitated in a civil suit, while relegating parties to exercise their remedies before a Civil Court, whether incorporation of such interest or right in the certificate of unilateral deemed conveyance should be retained or removed?
Procedural History
The petition was filed challenging the certificate of unilateral deemed conveyance. Rule was issued and made returnable forthwith. With consent, the petition was taken for final hearing and disposal.
Acts & Sections
- Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA): Section 4, Section 11
