Case Note & Summary
The petitioners, original owners of land comprising plot nos. 3, 4, 5, and 6 at Village Valnai, Marve Road, Malad (West), Mumbai, challenged the order dated 18th May 2022 and corrigendum dated 31st July 2023 passed by the District Deputy Registrar, Co-operative Societies, Mumbai (Competent Authority) under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). The Competent Authority had granted deemed conveyance in favour of the respondent No.1 society for an area of 956.75 sq. mtrs., later corrected to 1002.50 sq. mtrs. by corrigendum. The petitioners had sold their entire right, title, and interest in the property to respondent No.4 in 1979 and retained no interest. The society was registered on 16th January 1986, and the building was constructed on plot nos. 3 and 4. The MOFA agreement executed with flat purchasers in 1984 described the schedule as plot nos. 3, 4, 5, and 6 with approximate areas, and clause 19 required conveyance within two years of society registration. The society applied for deemed conveyance on 21st March 2022. The Competent Authority initially granted deemed conveyance for 956.75 sq. mtrs., but on the society's application, issued a corrigendum increasing the area to 1002.50 sq. mtrs. based on the property register card and an architect's area certificate. The petitioners argued that the Competent Authority cannot go beyond the MOFA agreement and that the society was only entitled to 919 sq. mtrs. as per the agreement. The respondent society contended that the property register card showed the area as 1002.50 sq. mtrs., and the architect's certificate confirmed this area by two methods. The court examined the MOFA agreement and found that the schedule described the plots with approximate areas and did not limit the society's entitlement. The court held that the Competent Authority was not confined to the area mentioned in the agreement and could rely on the property register card and area certificate. The court dismissed the petition, upholding the deemed conveyance order and corrigendum.
Headnote
A) Maharashtra Ownership Flats Act - Deemed Conveyance - Section 11 - Competent Authority's Power - The Competent Authority while granting deemed conveyance under Section 11 of the MOFA is not strictly confined to the area mentioned in the Section 4 agreement and can consider the property register card and architect's area certificate to determine the actual area to be conveyed. The court held that the impugned order granting deemed conveyance for 1002.50 sq. mtrs. was valid as the society was entitled to the entire plot area as per the property records. (Paras 6-9) B) Maharashtra Ownership Flats Act - Conveyance - Section 4 Agreement - Scope - The agreement under Section 4 of the MOFA only describes the plots by their numbers and approximate areas, and does not limit the society's entitlement to a specific area. The court held that the society is entitled to conveyance of the entire land on which the building stands, as per the property register card. (Paras 5-6) C) Maharashtra Ownership Flats Act - Corrigendum - Section 11 - The Competent Authority has the power to issue a corrigendum to correct an error in the area mentioned in the deemed conveyance order, based on the architect's area certificate and property records. The court held that the corrigendum was validly issued to correct the area from 956.75 sq. mtrs. to 1002.50 sq. mtrs. (Paras 7-9)
Issue of Consideration
Whether the Competent Authority under Section 11 of the MOFA can grant deemed conveyance for an area exceeding that mentioned in the Section 4 agreement by relying on the property register card and area certificate.
Final Decision
The court dismissed the writ petition, upholding the order dated 18th May 2022 and corrigendum dated 31st July 2023 granting deemed conveyance for an area of 1002.50 sq. mtrs. in favour of the respondent society.
Law Points
- Deemed conveyance under Section 11 of MOFA
- Competent Authority's power to consider property register card and area certificate
- Scope of Section 4 agreement
- Conveyance of entire land area
- Corrigendum to correct area in deemed conveyance order
