Case Note & Summary
The petitioners, M/s. Sawant Constructions, a partnership firm and developer, challenged an order dated 21 June 2013 passed by the District Deputy Registrar, Co-operative Societies, Mumbai, under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). The order issued a certificate of deemed conveyance in favour of Respondent No. 1, Shri Guruchhaya Cooperative Housing Society Ltd., in respect of two plots of land: Final Plot No. 51 (CTS No. 514, 514/1 to 6) admeasuring 478.4 sq. mtrs. and Final Plot No. 52 (CTS No. 515, 515/1 to 5) admeasuring 492.4 sq. mtrs. The petitioners had initially entered into an agreement to purchase Final Plot No. 51 from Pralhad Krishnarao Kavatkar on 4.9.1978 and later acquired Final Plot No. 52 from Mrs. Hirabai V. Solunki. They constructed a ground plus 4 storied building on Final Plot No. 51 and sold flats to purchasers who formed the respondent society. The society applied for a deemed conveyance under Section 11 of MOFA. The District Dy. Registrar, after hearing both parties and considering evidence, concluded that the society was entitled to a certificate of deemed conveyance for both plots. The petitioners contended that the society was not entitled to conveyance of Final Plot No. 52 as no building was constructed on it and it was not part of the development. The High Court examined the provisions of Section 11 of MOFA and held that the Registrar had jurisdiction to decide the entitlement. The court noted that the developer had acquired both plots and developed them as a single scheme, and the society's members were allottees of flats in the building constructed on Plot No. 51. The court found no jurisdictional error or perversity in the Registrar's order and dismissed the writ petition, upholding the deemed conveyance for both plots.
Headnote
A) MOFA - Deemed Conveyance - Section 11 Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - The District Dy. Registrar issued a certificate of deemed conveyance in favour of the society in respect of both Final Plot No. 51 (where building was constructed) and Final Plot No. 52 (adjoining plot acquired by developer). The developer challenged the order on the ground that the society was not entitled to conveyance of Plot No. 52 as no building was constructed thereon. The High Court held that the Registrar had jurisdiction to decide the issue and that the society was entitled to conveyance of both plots as they formed part of the same development scheme. (Paras 1-11)
Issue of Consideration
Whether the District Dy. Registrar under Section 11 of the MOFA Act, 1963, could issue a certificate of deemed conveyance in respect of Final Plot No. 52, which was not built upon, but was acquired by the developer and formed part of the same development scheme.
Final Decision
Writ petition dismissed. Order dated 21 June 2013 passed by District Dy. Registrar under Section 11 of MOFA Act, 1963 upheld. No order as to costs.
Law Points
- Deemed conveyance under Section 11 MOFA Act
- 1963
- can be granted for entire property developed by promoter
- including adjoining plots acquired by promoter
- even if building is constructed only on one plot
- District Registrar has jurisdiction to decide entitlement to deemed conveyance
- Writ petition against order under Section 11 MOFA is maintainable but limited to jurisdictional errors.
