Case Note & Summary
Background: The dispute involved ten cooperative housing societies formed under the Maharashtra Co-operative Societies Act, 1960, in a development called 'Kashish Park' at Thane. The petitioners, Kashish Park Reality Private Limited and Saurabh Bharat Agarwal, were promoters who developed buildings on land owned by FGP Ltd. (Respondent No.4) under development agreements and sold flats to individual purchasers. The purchasers later formed cooperative housing societies (Respondent No.3 in each petition). The societies sought conveyance of the property from the promoters and the landowner. Facts: On 27 August 2019, the respective societies issued notices to the promoters and landowner demanding execution of conveyance deeds. Upon the promoters' failure to execute conveyance, the societies filed applications under Section 11(3) of the Maharashtra Ownership of Flats Act, 1963 (MOFA) before the Competent Authority (District Deputy Registrar, Cooperative Societies, Thane, Respondent No.2). The Competent Authority, after hearing all parties, by order dated 22 July 2020 partly allowed the applications and issued certificates under Section 11(4) of MOFA granting deemed conveyance only in respect of the constructed area (the buildings) and not the underlying land. Subsequently, the societies applied for corrigendum to the said order, seeking deemed conveyance of the land as well. Without issuing any notice to the promoters, the Competent Authority entertained the applications and on 6 August 2020 issued corrigenda amending the original certificates to cover both the building and the land. Pursuant to the corrigenda, the societies prepared conveyance deeds, which were executed by the Competent Authority and lodged for registration before the Sub-Registrar of Assurances, Thane-1. Legal Issues: The core legal question was whether the Competent Authority could unilaterally issue corrigenda to the deemed conveyance certificates without notice to the affected promoters, thereby extending the conveyance to include land, and whether such action violated the principles of natural justice. Arguments: The available text does not detail the submissions of the parties. Court's Analysis: The High Court issued rule and, with consent of parties, heard the petitions finally. The detailed reasoning of the court is not captured in the provided excerpt. Decision: The final order is not available in the extracted text, but it is implied that the court considered the challenge to the corrigenda and proceeded to hear the matter on merits.
Headnote
A) Cooperative Law - Deemed Conveyance - Corrigendum Without Notice - Maharashtra Ownership of Flats Act, 1963, Sections 11(3), 11(4) - Petitioners challenged corrigenda issued by Respondent No.2-Competent Authority on 06/08/2020 rectifying earlier certificates of deemed conveyance dated 22/07/2020. The initial certificates under section 11(4) conveyed only the constructed area of the building to the respective housing societies. Subsequently, on applications by the societies and without notice to the promoters, the corrigenda extended the deemed conveyance to include the land beneath and around the building. The writ petition under Article 227 alleged violation of natural justice and ultra vires action. The High Court heard the parties finally after rule was made returnable forthwith. (Paras 2-5)
Issue of Consideration
Whether the Competent Authority could issue corrigenda to deemed conveyance certificates without notice to the opposite party, thereby extending the conveyance to include land, in violation of principles of natural justice.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- deemed conveyance
- natural justice
- Maharashtra Ownership of Flats Act
- Section 11(3)
- Section 11(4)
- corrigendum without notice
