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High Court

Deemed Conveyance under MOFA – Rejection of Application by Competent Authority Set Aside. High Court of Bombay – Writ Petition under Article 226 – Challenge to Rejection of Deemed Conveyance – Developer’s Delay in Redevelopment Not a Justification – Statutory Rights under Section 11 of Maharashtra Ownership Flats Act, 1963 Upheld – Competent Authority Directed to Issue Conveyance Certificate

18 Feb 2025

Constitution of India, Article 226 – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, ...

High Court

Bombay High Court Adjudicates Writ Petition Involving Cooperative Housing Societies and Developer Over MOFA Compliance. Pleadings Involve Section 5A of the Maharashtra Ownership Flats Act, 1963 and Role of District Deputy Registrar.

9 May 2025

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High Court

WRIT PETITION NO.9189 of 2010

5 May 2011

The matter arose out of a dispute over the setting up of a new private sugar factory. Khandoba Prasanna Sakhar Karkhana Limited and Sahyadri Sahakari ...

High Court

Legal Dispute Over Termination of Developer's Appointment for SRS Implementation in Mumbai. Unraveling the Complexities of Land Allocation and Timely Implementation in Slum Rehabilitation Schemes in Maharashtra

10 May 2024

Legal dispute regarding the termination of a developer's appointment for implementing a Slum Rehabilitation Scheme (SRS) in Mumbai under the Maharasht...

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

NOTICE OF MOTION NO. 443 OF 2012

27 Jun 2013

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Cooperative Society Registration in Favor of Apartment Ownership Declaration. Court upholds Competent Authority's decision under MOFA, 1963, finding that the developer's declaration under MAO Act, 1970 precludes formation of a cooperative housing society.

23 Dec 2022

The dispute arose between the proposed cooperative housing society, represented by the petitioner as Chief Promoter, and the developer/respondent No.1...

High Court

Bombay High Court Quashes Conditions Imposed by Competent Authority in Deemed Conveyance, Directs Fresh Inquiry on Area. Competent Authority's Jurisdiction Under Section 11 of Maharashtra Ownership Flats Act, 1963 is Limited to Statutory Inquiry and Cannot Impose Extraneous Conditions Like Indemnity Bond or Architect Certificate.

24 Jan 2014

The petitioner, a cooperative housing society, filed a writ petition under Article 226 of the Constitution of India challenging the order of the Compe...

High Court

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.

28 Jul 2026

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...

High Court

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.

15 Apr 2011

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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