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Bombay High Court Upholds Injunction Against Developer in MOFA Dispute Over Common Areas and Parking Rights. Developer restrained from constructing on open space and selling car parks as they are common facilities under Maharashtra Ownership Flats Act, 1963.

The dispute arises from a development project known as Phoenix Towers in Parel, Mumbai. The appellants, Phoenix Construction Company and another, are ...

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

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

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Bombay High Court Dismisses Writ Petition Challenging Deemed Conveyance Under MOFA. Lease Deed Authorizing Sublease Validates Competent Authority's Order Granting Deemed Conveyance to Cooperative Society.

The petitioner, Prakash Arun Apte, proprietor of M/s A.V. Apte & Company, challenged an order dated 28 August 2014 passed by the Competent Authority a...

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Bombay High Court Allows Writ Petition Challenging Rejection of Deemed Conveyance Application Under MOFA — Holds That Competent Authority Cannot Reject Application on Grounds of Missing Documents After Issuing Notice, and That Lack of Occupation Certificate Is Not a Bar to Grant of Deemed Conveyance.

The petitioner, ALJ Residency Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

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Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

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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.

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...

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Bombay High Court Dismisses Developer's Petition Challenging Deemed Conveyance Order in Favor of Cooperative Housing Society. Developer's Obligation to Transfer Land to Society Under Section 11 of Maharashtra Ownership Flats Act, 1963 is Absolute and Not Subject to Limitation.

The petitioners, K.V. Satyamurthy and S.M. Builders, were the owners and developers of a piece of land in Juhu, Mumbai. They constructed and sold 36 b...

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Bombay High Court Allows Petition for Unilateral Deemed Conveyance Under MOFA Act — Failure of Promoter to Execute Conveyance Within Agreed Time Entities Society to Seek Deemed Conveyance Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The petitioner, Jai Jalaram Co-operative Housing Society Ltd., is a cooperative housing society registered under the Maharashtra Cooperative Societies...