Case Note & Summary
The High Court allowed a writ petition challenging the rejection of a deemed conveyance application under Section 11 of the Maharashtra Ownership Flats Act, 1963 -- The petitioner Co-operative Housing Society sought deemed conveyance after the promoters failed to execute conveyance despite statutory obligations -- The Competent Authority rejected the application, but the Court found this exceeded jurisdictional limits -- The Court held that proceedings under Section 11 are summary in nature requiring only prima facie verification of compliance -- The Authority must examine only the Agreement under Section 4 of MOFA, Architect's Certificate, and supporting documents -- The Court quashed the impugned order and directed the Competent Authority to grant deemed conveyance to the petitioner Society
Headnote
The High Court of Judicature at Bombay -- The petitioner Society challenged the order dated 26 August 2025 passed by Respondent No. 2 (District Deputy Registrar, Cooperative Societies, Thane) rejecting its application for deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 (MOFA) -- The Court held that the Competent Authority exceeded its jurisdiction by considering extraneous factors beyond the statutory mandate -- The proceedings under Section 11 of MOFA are summary in nature requiring only prima facie verification of compliance with statutory obligations -- The Authority must confine scrutiny to the Agreement executed under Section 4 of MOFA, the Architect's Certificate, and supporting documents -- The Court quashed the impugned order and directed the Competent Authority to grant deemed conveyance to the petitioner Society -- Judgment pronounced on 06 February 2026 by Justice Amit Borkar
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Issue of Consideration: Whether the Competent Authority exceeded its jurisdiction under Section 11 of the Maharashtra Ownership Flats Act, 1963 by rejecting the application for deemed conveyance based on considerations beyond the statutory scope
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Final Decision
The Court allowed the writ petition, quashed the impugned order dated 26 August 2025, and directed the Competent Authority to grant deemed conveyance to the petitioner Society
