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Bombay High Court Quashes Deemed Conveyance Order Under MOFA Due to Lack of Notice to Developer. Section 11 of MOFA Requires Notice to All Parties Before Granting Unilateral Conveyance.

The petitioners, M/s. ACME Enterprises (a partnership firm) and its partner Mr. Ummedra K. Vardhan, challenged an order dated 26th November 2019 passe...

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Bombay High Court Decides Challenge to SRA Order Approving Termination of Development Agreement and Appointment of New Developer. The Court examined the legality of the order under Section 13 of the Maharashtra Slum Areas Act, 1971, and the requirement of fair hearing.

The petitioner, Shivkupa Builders & Developers, a partnership firm, filed a writ petition challenging the order dated 14 October 2009 passed by the Ch...

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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 Dismisses Developer's Challenge to Deemed Conveyance Under MOFA in Favor of Housing Societies. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance under Section 11 of MOFA even if the developer retains development rights over part of the land.

The Petitioner-Developer, Kiran Builders Pvt. Ltd., challenged an order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societ...

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Bombay High Court heard challenge to deemed conveyance order under MOFA; developer alleged res judicata due to consent decree. Developer contended that Competent Authority lacked jurisdiction under Section 11(3) when consent decree already provided for conveyance.

The writ petition was filed by developers challenging an order of deemed conveyance passed by the Competent Authority under Section 11(3) of the Mahar...

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Bombay High Court Dismisses Builder's Appeal in RERA Interest Case for Delayed Possession. Builder directed to pay interest at SBI MCLR plus 2% from 1 January 2018 till possession for delay in handing over flats in slum rehabilitation project.

The case involves a Second Appeal filed by Era Realtors Private Limited (Appellant) against the judgment of the Maharashtra Real Estate Appellate Trib...

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Bombay High Court Considers Challenge to Deemed Conveyance Order Passed Under Section 11 of MOFA in Redevelopment Dispute. Petition Raises Questions on Promoter Definition and Competent Authority's Jurisdiction to Adjudicate Title Rights Where Agreement Retains Land Ownership with Landlord.

By this writ petition, the petitioner challenged an order and certificate of deemed conveyance both dated 17 October 2019 passed by the District Deput...

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Bombay High Court Pronounced Judgment in Writ Petition No.6998 of 2021 Addressing Consent Requirements Under MOFA for Construction on Amalgamated Land. The Court Framed Issues on Informed Consent Under Section 4 and Applicability of Section 7A of the Maharashtra Ownership of Flats Act, 1963.

Background: The case involves a dispute over construction of an additional building 'E' in the 'Eves Garden' housing scheme at Mundhawa, Pune. The pet...

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Bombay High Court Hears Appeal Against Dismissal of Notice of Motion in MOFA-MMRDA Dispute. Flat Purchasers Claimed MOFA Rights on Land Owned by MMRDA and Leased to Developer, Which Respondents Disputed as Excluded Under MMRDA Act.

This appeal before the Bombay High Court arose from the dismissal of a Notice of Motion by a learned Single Judge in a suit concerning a plot of land ...

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High Court of Bombay Considers Second Appeals in RERA Delayed Possession Matter. Builder Challenges Appellate Tribunal's Direction to Pay Interest at 10.05% p.a. from February 2014.

These Second Appeals were filed before the High Court of Judicature at Bombay by Runwal Constructions, a registered partnership firm, challenging the ...