Case Note & Summary
The Petitioner, Prem Villa Co-operative Housing Society Ltd., challenged a Common Corrigendum/Order dated 14.01.2020 issued by the District Deputy Registrar, Co-operative Societies (Competent Authority), which modified two earlier orders dated 28.02.2014 granting deemed conveyance in favor of the Petitioner and Respondent No.1 (Uma Deep Co-operative Housing Society Ltd.) separately. The original orders had granted 659.50 sq. mtrs. to the Petitioner and 529.50 sq. mtrs. to Respondent No.1. The Petitioner had executed and registered a deed of assignment on 20.06.2014 based on its order. On 12.03.2019, Respondent No.1 filed an application seeking rectification to obtain joint ownership of the entire land. The Competent Authority issued the impugned corrigendum, granting joint assignment of lease over the entire area of 1189 sq. mtrs. to both societies. The Petitioner argued that the rectification application was barred by limitation, the order had been acted upon, and the power to issue a corrigendum is limited to correcting typographical or arithmetical errors, not to review substantive rights. The Court agreed, holding that the Competent Authority exceeded its powers under Section 5A of the Maharashtra Ownership Flats Act, 1963, and that the corrigendum effectively reviewed the original orders without statutory authority. The Court quashed the impugned order dated 14.01.2020.
Headnote
A) Co-operative Housing Law - Deemed Conveyance - Corrigendum/Rectification - Section 5A, Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - The Competent Authority issued a corrigendum modifying deemed conveyance orders after five years, granting joint ownership of land to two societies. The Court held that the power to issue a corrigendum is limited to correcting typographical or arithmetical errors and cannot be used to review or modify substantive rights, especially after the order has been acted upon. (Paras 1-8)
B) Limitation - Rectification Application - Delay and Laches - The rectification application was filed after five years from the original order. The Court held that such application is barred by limitation and the Competent Authority failed to consider that the order had already been executed. (Paras 3-8)
C) Administrative Law - Inherent Power to Correct Errors - The power to correct accidental slips or omissions is inherent in every judicial or quasi-judicial authority, but it cannot be equated with a power of review, which must be conferred by statute. The corrigendum in this case went beyond correcting a clerical error and effectively reviewed the original orders. (Paras 3-8)
Issue of Consideration
Whether the Competent Authority under Section 5A of the Maharashtra Ownership Flats Act, 1963 has the power to issue a corrigendum/rectification order modifying the deemed conveyance orders after a period of five years, and whether such order is barred by limitation.
Final Decision
The Writ Petition is allowed. The impugned Common Corrigendum/Order dated 14.01.2020 is quashed and set aside.
Law Points
- Power to issue corrigendum is limited to correcting typographical or arithmetical errors
- not to review or modify substantive rights
- Application for rectification after five years is barred by limitation
- Deemed conveyance once acted upon cannot be altered by corrigendum
- Section 5A of MOFA does not confer power to review or modify orders after they have been executed.
Case Details
2024 LawText (BOM) (7) 295
Writ Petition No. 4159 of 2022
Mr. H. G. Dharmadhikari, Mr. D. A. Bhalerao, Ms. Namrata Pandit, Ms. Pallavi Baghel, Ms. Sneha Keni for Petitioner; Mr. Mayur Khandeparkar, Mr. Pritesh A. Parmar, Mr. Kaivalya M. Raul for Respondent No.1; Ms. Uma Palsuledesai, AGP for Respondent No.2
Prem Villa Co-operative Housing Society Ltd.
Uma Deep Co-operative Housing Society Ltd. & Ors.
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India challenging a corrigendum/rectification order issued by the Competent Authority modifying deemed conveyance orders.
Remedy Sought
Quashing of the Common Corrigendum/Order dated 14.01.2020 and restoration of the original orders dated 28.02.2014.
Filing Reason
The Competent Authority issued a corrigendum granting joint ownership of land to two societies, modifying the earlier separate deemed conveyance orders after five years, which the Petitioner argued was beyond power and barred by limitation.
Previous Decisions
Orders dated 28.02.2014 granting deemed conveyance separately to Petitioner (659.50 sq. mtrs.) and Respondent No.1 (529.50 sq. mtrs.) under Section 11 of MOFA; a deed of assignment was executed and registered in favor of Petitioner on 20.06.2014.
Issues
Whether the Competent Authority under Section 5A of MOFA has the power to issue a corrigendum modifying deemed conveyance orders after five years.
Whether the rectification application filed after five years is barred by limitation.
Whether the corrigendum amounts to a review without statutory authority.
Submissions/Arguments
Petitioner: The rectification application was filed after five years and is barred by limitation; the order had been acted upon; the power to issue corrigendum is limited to correcting typographical or arithmetical errors, not to review substantive rights.
Respondent No.1: (Not explicitly stated in the provided text, but presumably argued in support of the corrigendum.)
Ratio Decidendi
The power to issue a corrigendum under Section 5A of the Maharashtra Ownership Flats Act, 1963 is limited to correcting typographical or arithmetical errors arising from accidental slips or omissions. It cannot be used to review or modify substantive rights, especially after the order has been acted upon. An application for rectification filed after five years is barred by limitation.
Judgment Excerpts
The Corrigendum can be essentially issued to correct a typographical or arithmetical error. Such error arising due to accidental slip or omission can be rectified in exercise of incidental or ancillary powers, which are inherent in every judicial or quasi-judicial authority.
Power to rectify such error cannot be equated with power of review, which is not an inherent power but is the creature of the statute.
Procedural History
On 28.02.2014, the Competent Authority passed separate orders granting deemed conveyance to Petitioner and Respondent No.1. On 20.06.2014, a deed of assignment was executed and registered in favor of Petitioner. On 12.03.2019, Respondent No.1 filed an application for rectification. On 14.01.2020, the Competent Authority issued a common corrigendum modifying the orders. On 29.07.2024, the High Court quashed the corrigendum.
Acts & Sections
- Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963: Section 5A, Section 11, Section 11(4)
- Constitution of India: Article 226
