Case Note & Summary
The petitioner, Jalaram Ashish Co-operative Housing Society Ltd., filed a writ petition challenging an order dated 7 October 2015 passed by the Competent Authority and the District Deputy Registrar, and the Certificate of Unilateral Deemed Conveyance issued on the same date. The conveyance was granted for land admeasuring 3580 sq.mtrs, but the society sought conveyance of the entire land admeasuring 6685.05 sq.mtrs covered by agreements under Section 4 of the Maharashtra Ownership of Flats (Regulation of the Promotion, Construction, Sale, Management and Transfer) Act, 1964 (MOFA). The petition was filed in February 2022, nearly 7 years after the impugned order. The respondent raised an objection of delay and laches. The court considered the explanation offered by the petitioner, which stated that the then managing committee was not functioning due to internal issues and resignations. The court found the explanation insufficient, noting that the society had accepted the benefit of the order by taking possession of the conveyed land and that the delay was inordinate. The court held that the petition was liable to be dismissed on the ground of delay and laches, and accordingly dismissed the petition without examining the merits.
Headnote
A) Delay and Laches - Unilateral Deemed Conveyance - Writ Jurisdiction - The petition challenged an order dated 7 October 2015 granting unilateral deemed conveyance under the Maharashtra Ownership of Flats (Regulation of the Promotion, Construction, Sale, Management and Transfer) Act, 1964 (MOFA). The petition was filed in February 2022, after a delay of over 7 years. The petitioner explained that the managing committee was not functioning due to internal issues. The court held that the explanation was insufficient and the delay was inordinate, and dismissed the petition on the ground of delay and laches. (Paras 4-7)
Issue of Consideration
Whether the petition challenging the order dated 7 October 2015 granting unilateral deemed conveyance is liable to be dismissed on the ground of delay and laches.
Final Decision
The petition is dismissed on the ground of delay and laches. Rule is discharged with no order as to costs.
Law Points
- Delay and laches
- Limitation
- Unilateral deemed conveyance
- Maharashtra Ownership of Flats Act
- 1964
- Section 4
- Writ jurisdiction
- Discretionary relief
Case Details
2024 LawText (BOM) (03) 123
WRIT PETITION NO. 3134 OF 2022
Mr. Karl Tamboly with Ms. Nikita Vardhan and Mr. Vishal Tiwari i/by. Kanga & Co., for the Petitioner. Ms. Uma Palsuledesai, AGP with Mr. Suraj Gupte, AGP for State-Respondent No.1. Mr. J.S. Kini with Mr. Aum Kini i/by. Ms. Sapna Shankar Krishnappa, for Respondent No.2.
Jalaram Ashish Co-operative Housing Society Ltd.
The Competent Authority and the District Deputy Registrar and Ors.
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Nature of Litigation
Writ petition challenging order and certificate of unilateral deemed conveyance.
Remedy Sought
Petitioner sought to challenge the order dated 7 October 2015 and the Certificate of Unilateral Deemed Conveyance, and to seek conveyance of the entire land admeasuring 6685.05 sq.mtrs.
Filing Reason
The petitioner was aggrieved by non-conveyance of the entire land covered by agreements under Section 4 of the MOFA Act.
Previous Decisions
The Competent Authority passed an order on 7 October 2015 granting unilateral deemed conveyance of only 3580 sq.mtrs of land.
Issues
Whether the petition is liable to be dismissed on the ground of delay and laches.
Submissions/Arguments
Petitioner argued that the delay was due to internal issues in the managing committee, which was not functioning properly.
Respondent argued that the delay of over 7 years was inordinate and unexplained, and the petition should be dismissed.
Ratio Decidendi
A writ petition challenging an order granting unilateral deemed conveyance under the MOFA Act is liable to be dismissed on the ground of delay and laches if filed after an inordinate delay of over 7 years, especially when the petitioner has accepted the benefit of the order and the explanation for delay is insufficient.
Judgment Excerpts
The delay in challenging the Order dated 7 October 2015 is no doubt inordinate.
The explanation offered by the Petitioner is not sufficient to condone the inordinate delay of over 7 years in filing the petition.
The petition is accordingly dismissed on the ground of delay and laches.
Procedural History
The Competent Authority passed an order on 7 October 2015 granting unilateral deemed conveyance. The petitioner filed the writ petition in February 2022. The court heard the matter on 22 March 2024 and dismissed the petition on the ground of delay and laches.
Acts & Sections
- Maharashtra Ownership of Flats (Regulation of the Promotion, Construction, Sale, Management and Transfer) Act, 1964: Section 4
