Case Note & Summary
The petitioners, A.H. Wadia Trust (a public charitable trust) and its trustees, filed a writ petition under Article 226 of the Constitution challenging an order dated 30th June 2012 passed by the District Deputy Registrar of Co-operative Societies (II), Eastern Suburban, Mumbai, acting as the Competent Authority under Section 5A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). The order directed the trust to execute a conveyance deed in favor of Respondent No.3, Jai Anand Co-operative Housing Society Limited, in respect of land admeasuring 1,200 square yards at CTS No.608, 608 (1 to 4), Jawakar Lane, Chunabhatti (E), Mumbai. The trust had originally owned the land and entered into a development agreement with a builder, who constructed a building and formed the society. The society claimed that the trust had agreed to convey the land but failed to do so, leading to the application under Section 5A. The Competent Authority, after hearing the parties, allowed the society's application and directed conveyance. The trust challenged this order on the ground that the land was a public trust property and could not be conveyed without sanction under the Maharashtra Public Trusts Act, 1950, and that the Competent Authority lacked jurisdiction. The court examined the provisions of MOFA, particularly Section 5A, which empowers the Competent Authority to direct conveyance where a promoter fails to execute a conveyance deed. The court noted that the trust had entered into a development agreement and had received consideration; the society had fulfilled its obligations. The court also considered the delay of over 5 years in filing the writ petition and held that the petitioners were guilty of laches. The court dismissed the petition, upholding the Competent Authority's order and directing the trust to execute the conveyance deed within four weeks, failing which the Competent Authority could execute it.
Headnote
A) MOFA - Section 5A - Conveyance of Land - Competent Authority's Jurisdiction - The Competent Authority under Section 5A of MOFA has the power to direct conveyance of land to a cooperative housing society even if the land belongs to a public charitable trust, provided the society has fulfilled its obligations under the agreement. The trust's contention that the land is trust property and cannot be conveyed was rejected as the trust had entered into a development agreement and the society was entitled to conveyance. (Paras 1-26) B) Limitation - Writ Petition - Delay and Laches - The writ petition challenging the order of the Competent Authority was filed after a delay of over 5 years without any explanation. The court held that such inordinate delay disentitles the petitioners to any relief under Article 226 of the Constitution. (Paras 27-30) C) MOFA - Section 5A - Conveyance Deed - Execution - The Competent Authority's order directing execution of conveyance deed was upheld as the society had complied with all conditions, including payment of consideration, and the trust had failed to execute the deed despite repeated requests. (Paras 18-26)
Issue of Consideration
Whether the Competent Authority under Section 5A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) has jurisdiction to order conveyance of land belonging to a public charitable trust in favor of a cooperative housing society, and whether the writ petition challenging such order is maintainable after inordinate delay.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Competent Authority dated 30th June 2012. The court directed the petitioners to execute the conveyance deed in favor of the society within four weeks, failing which the Competent Authority may execute the same.
Law Points
- Section 5A of MOFA
- Conveyance of land to cooperative society
- Competent Authority's jurisdiction
- Public trust property
- Limitation for filing writ petition
