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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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High Court Quashes Unilateral Conveyance Certificate Under MOFA Due to Lack of Notice and Jurisdiction -- Co-Owners' Rights Upheld in Property Dispute Involving Lease and Deed of Assignment

The Petitioner, filed a Writ Petition challenging an order by the Competent Authority under MOFA that allowed Priya Co-operative Housing Society Limit...

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Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

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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.

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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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA Act — Society Entitled to Conveyance of Both Plots. District Registrar's Order Under Section 11 of MOFA Act, 1963 Upheld as Developer Failed to Show Jurisdictional Error.

The petitioners, M/s. Sawant Constructions, a partnership firm and developer, challenged an order dated 21 June 2013 passed by the District Deputy Reg...

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Bombay High Court Dismisses Petition Challenging AGRC Order Upholding Developer Appointment in Slum Rehabilitation Scheme. Dispute between two groups of slum dwellers over choice of developer; court upholds AGRC's decision based on consent and merits.

The petitioners, New Jagruti Co-operative Housing Society Limited (Proposed) and another, filed a writ petition challenging an order of the Apex Griev...

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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...