Case Note & Summary
The petitioner, Lokmanya Pan Bazar Association Ltd., a guarantee company registered under the Companies Act, 1956, filed a civil writ petition under Article 226 of the Constitution of India challenging an order dated 30th April 2014 passed by the District Deputy Registrar, Cooperative Societies (2), Mumbai, acting as the Competent Authority under Section 5-A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). The order directed the petitioner to execute a conveyance deed in favor of respondent No. 3, Harshad Coop. Housing Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960. The petitioner contended that the Competent Authority lacked jurisdiction to pass such an order as the property in question was not subject to MOFA, and that the society had no right to claim conveyance. The respondent society argued that the petitioner had earlier agreed to execute the conveyance and that the order was valid. The court, after hearing the parties, dismissed the petition, holding that the Competent Authority had jurisdiction under Section 5-A of MOFA to direct execution of conveyance, and that the petitioner's challenge was without merit and filed after an inordinate delay of 11 years. The court also noted that the petitioner had previously consented to the conveyance and could not now resile from that position.
Headnote
A) MOFA - Competent Authority - Jurisdiction - Section 5-A of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - The Competent Authority has jurisdiction to direct execution of conveyance deed even after lapse of time, and the order is valid unless challenged within reasonable time. Held that the petition filed after 11 years was not maintainable (Paras 1-10).
Issue of Consideration
Whether the Competent Authority under Section 5-A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 had jurisdiction to direct execution of a conveyance deed in favor of the respondent society, and whether the petition challenging such order was maintainable.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Competent Authority dated 30th April 2014 directing execution of conveyance deed. The court held that the Competent Authority had jurisdiction under Section 5-A of MOFA and that the petition was without merit and filed after inordinate delay.
Law Points
- Jurisdiction of Competent Authority under MOFA
- Execution of Conveyance Deed
- Limitation for challenging orders under MOFA
- Validity of conveyance by cooperative society
