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Search Results for "MOFA obligations"

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High Court

Bombay High Court Dismisses Petitioners' Challenge to Competent Authority's Order Under MOFA — Failure to Obtain Prior Consent of Landowners Renders Development Agreement Void. The court held that the Competent Authority under Section 9A of MOFA has jurisdiction to decide disputes regarding prior consent, and the petitioners' failure to obtain such consent made the agreements void.

21 Jun 2011

The petitioners, Arenja Industries Limited and Akshar Construction, filed three writ petitions challenging orders passed by the Competent Authority un...

High Court

Bombay High Court Hears Writ Petition by Co-operative Housing Society Seeking Full Deemed Conveyance Under MOFA. Petition Challenges Partial Grant of Deemed Conveyance, Excluding Chawl and Access Areas, Citing Incomplete Consideration of Agreements.

30 Jul 2026

The petitioner, a co-operative housing society registered in 1971, filed a writ petition under Article 226 of the Constitution of India challenging th...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Favor of Cooperative Society Due to Non-Compliance with Statutory Requirements. The District Deputy Registrar failed to follow mandatory procedure under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 before granting deemed conveyance.

24 Mar 2015

The Petitioners, Tushar Jivram Chauhan and Jivram Lalji Chauhan, are the owners of a plot of land in Mulund West, Mumbai, on which two buildings (Shri...

High Court

Not mentioned (judgment text incomplete; final verdict not provided)

10 Nov 2023

The writ petition filed before the Bombay High Court challenged the order dated 5 October 2021 passed by the District Deputy Registrar (Cooperative So...

High Court

Bombay High Court Holds Pending Civil Suits Not a Bar to Deemed Conveyance Under MOFA: Quantum Park CHS v. AHCL-PEL & Ors

24 Feb 2026

The Bombay High Court allowed the writ petition filed by Quantum Park Cooperative Housing Society and quashed the order rejecting its application for ...

High Court

Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

22 Jan 2015

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

21 Nov 2024

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

High Court

Bombay High Court Allows Petition Challenging Conveyance Deed and Society Registration Under MOFA and MCS Act — Conveyance Deed Executed Without Proper Authority and Society Registration Based on Defective Deed Set Aside. The court held that the Competent Authority under Section 11 of MOFA must conduct a proper inquiry before executing a conveyance, and a society registered under the MCS Act based on an invalid conveyance cannot be sustained.

3 Nov 2025

The petitioner, Maki Homi Chibber, through her constituted attorney, filed a writ petition challenging a conveyance deed dated 30.04.2019 executed by ...

High Court

Bombay High Court Quashes Corrigendum to Deemed Conveyance Certificate in MOFA Dispute — Unilateral Correction of Land Area Without Notice Violates Principles of Natural Justice. The Court held that the Competent Authority under Section 11 of MOFA cannot correct an alleged error in land area without hearing the affected society, as it requires fresh adjudication.

11 Nov 2025

The petitioner, Shri Shivam Co-operative Housing Society Ltd., challenged an order dated 6 May 2025 passed by the District Deputy Registrar and Compet...

High Court

Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

31 Aug 2012

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

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