Case Note & Summary
The petitioner, Shri Shivam Co-operative Housing Society Ltd., challenged an order dated 6 May 2025 passed by the District Deputy Registrar and Competent Authority (Respondent No.4) issuing a Corrigendum to an earlier order dated 5 July 2022. The original order had granted a Certificate of Unilateral Deemed Conveyance under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) in favour of the petitioner, conveying 738.80 sq. mtrs. of land. The Corrigendum purported to correct the area to 823.72 sq. mtrs., based on a report from the Sub-Registrar indicating that the actual area of the land was larger. The petitioner contended that the Corrigendum was issued without any notice to them, in violation of principles of natural justice, and that the Competent Authority had no jurisdiction to unilaterally correct the area without a fresh adjudication. The Court examined the background: Respondent No.3 was the original owner of the land, who entered into a development agreement with Respondent No.2 (promoter). The promoter constructed buildings and sold flats to purchasers, who formed Respondent No.1 Society. The promoter and owner failed to convey the land, leading Respondent No.1 to file an application for deemed conveyance. The Competent Authority, after issuing notices to the promoter and owner (who did not appear), granted the certificate for 738.80 sq. mtrs. Subsequently, the Competent Authority issued the Corrigendum increasing the area, allegedly based on an error. The Court held that the Corrigendum was issued without notice to the petitioner, who was the beneficiary of the original order, and thus violated natural justice. Moreover, the correction was not of an error apparent on the face of the record but required a fresh determination of facts, which could not be done without hearing the parties. The Court quashed the Corrigendum and remitted the matter to the Competent Authority for fresh consideration after giving an opportunity of hearing to all concerned parties. The petition was allowed.
Headnote
A) Natural Justice - Corrigendum Without Notice - Section 11 MOFA - The Competent Authority under MOFA issued a Corrigendum to a deemed conveyance certificate, increasing the land area from 738.80 sq. mtrs. to 823.72 sq. mtrs., without issuing notice to the petitioner society which was the beneficiary of the original certificate. The Court held that the Corrigendum was issued in violation of principles of natural justice as the petitioner was not heard before the adverse order was passed. (Paras 10-12) B) MOFA - Deemed Conveyance - Error Apparent on Record - Section 11 MOFA - The Competent Authority sought to correct an alleged error in the area of land based on a subsequent report from the Sub-Registrar. The Court held that the correction was not of an error apparent on the face of the record but required a fresh adjudication on merits, which could not be done without notice to the parties. The Corrigendum was quashed. (Paras 13-15) C) Constitutional Law - Writ Jurisdiction - Article 227 - The High Court exercised its supervisory jurisdiction under Article 227 of the Constitution to quash the Corrigendum as it was passed without jurisdiction and in violation of natural justice. The Court set aside the order and remitted the matter to the Competent Authority for fresh consideration after hearing all parties. (Paras 16-18)
Issue of Consideration
Whether the Competent Authority under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) can issue a Corrigendum to a deemed conveyance certificate, correcting the area of land to be conveyed, without issuing notice to the affected parties, and whether such correction is permissible when it is not based on an error apparent on the face of the record.
Final Decision
The Court allowed the petition, quashed the Corrigendum dated 6 May 2025, and remitted the matter to the Competent Authority for fresh consideration after giving an opportunity of hearing to all concerned parties.
Law Points
- Natural justice
- Corrigendum without notice
- Section 11 MOFA
- Deemed conveyance
- Error apparent on record
- Jurisdiction of Competent Authority
