Case Note & Summary
The High Court of Bombay allowed a Writ Petition filed by Petitioners against the State of Maharashtra and others, challenging an order dated 9 January 2023 that granted unilateral deemed conveyance of 10,097.84 sq. mtrs. to Magnum Tower CHS Limited under the Maharashtra Ownership Flats Act, 1963. The Petitioners argued that they had been in possession of portions of Plot No. 357 for over thirty-five years, and the conveyance order prejudiced their rights. The Court found that the District Deputy Registrar's order effectively sat in appeal over its own earlier decision rejecting a similar application in 2017, violating principles of res judicata and jurisdictional limits. The impugned order and certificate were quashed, and the matter was remanded for fresh consideration with directions to afford all parties an opportunity to be heard.
Headnote
The High Court of Judicature at Bombay heard a Writ Petition challenging an order dated 9 January 2023 by the District Deputy Registrar, Co-operative Societies, Mumbai City -- The order granted unilateral deemed conveyance of 10,097.84 sq. mtrs. to Respondent No. 3 under Section 11 of the Maharashtra Ownership Flats Act, 1963 -- Petitioners, representing Magnum Unit A and B housing societies, contended this prejudiced their proprietary and possessory rights over land they had possessed for over thirty-five years -- The Court considered principles of res judicata, as a previous application for deemed conveyance by Respondent No. 3 had been rejected in 2017 -- The impugned order was held to amount to the authority sitting in appeal over its own decision, violating jurisdictional bars -- The Writ Petition was allowed, quashing the order and certificate -- The matter was remanded for fresh consideration with directions to hear all parties
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: The Issue of whether the District Deputy Registrar's order granting unilateral deemed conveyance was valid, considering principles of res judicata and jurisdictional limits
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
The Writ Petition was allowed -- The impugned order dated 9 January 2023 and the consequential certificate issued under Section 11 of the Maharashtra Ownership Flats Act, 1963 were quashed and set aside -- The matter was remanded to Respondent No. 2 for fresh consideration in accordance with law, with directions to afford all parties an opportunity to be heard
