MOHAMMAD YAMIN NAEEM MOHAMMAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. lith consent of the parties, the Petitions are heard fnally.

(2.) By these Petitions, fled under Article 227 of the Constitution of India, the Petitioners have challenged the Corrigenda all dated 06/08/2020 issued by Respondent No.2-Competent Authority rectifying the certifcates issued under Sub Section 4 of Section 11 of Maharashtra Ownership of Flats Act, 1963 ('MOFA' for short) and consequent registration of the deeds of conveyance in the ofce of Respondent No.8-Sub Registrar of Assurances, Thane-1. 2. It is not in dispute that Respondent No.4 was the owner of land under C.S. Nos.2 to 21, 37, 38, 39 and 40 (part) of village Naupada, Taluka and District-Thane. Respondent No.4 had entered into agreements with the Petitioners to develop part of the subject land as per the sanctioned building plans. Accordingly, the Petitioners, constructed buildings on the said land and sold the premises to several persons on ownership basis.

(3.) By notice dated 27/08/2019 issued on behalf of the respective Society, the Petitioners and Respondent No.4 were called upon to convey the property in favour of the Respondent-Society. The Petitioners having failed to execute the conveyance, respective Respondent-Society fled applications under Sub Section 3 of Section 11 of MOFA before the Respondent No.2-Competent Authority for deemed conveyance. Upon hearing the Petitioners as well as the respective Respondent-Society, by order dated 22/07/2020, the Competent Authority partly allowed the Applications and issued certifcates under Sub section 4 of Section 11 of MOFA for enforcing unilateral execution of conveyance deeds conveying the right, title and interest of the promoter in the constructed area of the building constructed on land bearing CTS Nos.12, 21, 38 and 40, Mouje Naupada, Taluka-Thane in favour of the respective Respondent -Society.