Case Note & Summary
The petitioner, Maki Homi Chibber, through her constituted attorney, filed a writ petition challenging a conveyance deed dated 30.04.2019 executed by the District Deputy Registrar, Thane (Respondent No.2) as Competent Authority under the Maharashtra Ownership Flats Act, 1963 (MOFA) in favour of Respondent No.3, Model Colony Cooperative Housing Society Limited. The petitioner also challenged the registration of Respondent No.3 Society under the Maharashtra Cooperative Societies Act, 1960 (MCS Act). The petitioner claimed to be the owner of the land in question and alleged that the conveyance was executed without any proper inquiry or notice to her, and that the Society was registered based on a defective conveyance. The respondents, including the State, the Society, and other private parties, opposed the petition. The court analyzed the provisions of MOFA, particularly Section 11, which empowers the Competent Authority to execute a conveyance only after satisfying itself that the promoter has failed to do so and after following due procedure. The court found that the Competent Authority had not conducted any inquiry and had merely acted on an application by the Society without verifying the title or rights of the petitioner. The court held that the conveyance deed was void ab initio and without jurisdiction. Consequently, the registration of the Society, being based on such a conveyance, was also invalid. The court allowed the petition, quashed the conveyance deed, and directed the Competent Authority to conduct a fresh inquiry in accordance with law. The court also directed the Registrar of Cooperative Societies to cancel the registration of Respondent No.3 Society.
Headnote
A) Maharashtra Ownership Flats Act, 1963 - Section 11 - Conveyance by Competent Authority - The Competent Authority under MOFA must conduct a proper inquiry before executing a conveyance deed in favour of a cooperative society; a conveyance executed without verifying the rights of the parties or without following due process is invalid. Held that the conveyance deed dated 30.04.2019 executed by Respondent No.2 in favour of Respondent No.3 was without jurisdiction and set aside (Paras 1-44). B) Maharashtra Cooperative Societies Act, 1960 - Registration of Society - A cooperative housing society cannot be validly registered under the MCS Act if the conveyance deed in its favour is invalid or void ab initio. Held that the registration of Respondent No.3 Society is liable to be cancelled as it is based on a defective conveyance (Paras 1-44). C) Writ Jurisdiction - Article 226 of the Constitution of India - Maintainability of Writ Petition against orders under MCS Act - A writ petition under Article 226 is maintainable against orders passed by the District Deputy Registrar under the MCS Act, especially when the order is without jurisdiction or in violation of principles of natural justice. Held that the petition is maintainable (Paras 1-44).
Issue of Consideration
Whether the conveyance deed executed by the District Deputy Registrar as Competent Authority under MOFA in favour of Respondent No.3 Society is valid and whether the registration of the Society under the MCS Act based on such conveyance is sustainable
Final Decision
The court allowed the writ petition, quashed the conveyance deed dated 30.04.2019 executed by Respondent No.2 in favour of Respondent No.3, and directed the Competent Authority to conduct a fresh inquiry in accordance with law. The court also directed the Registrar of Cooperative Societies to cancel the registration of Respondent No.3 Society.
Law Points
- Conveyance under MOFA must be executed by the Competent Authority only after proper inquiry
- Society registration under MCS Act requires valid conveyance
- Writ jurisdiction available against orders of District Deputy Registrar under MCS Act
