VIJAY BUILDERS Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) The challenge in this writ petition filed by the petitioner-original respondent no.1 - promoter (hereafter 'promoter', for short) under Article 227 of the Constitution of India, is to an order dated June 10, 2020, passed by the Competent Authority and the District Deputy Registrar, Cooperative Societies (hereafter 'the Competent Authority' for short) under the provisions of the Maharashtra Ownership of Flats (Regulation of The Promotion of Construction, Sale, Management & Transfer) Act, 1963 (hereafter 'the MOFA' for short) granting deemed conveyance in favour of the respondent no.3 - original applicant - society (hereafter 'society', for short).

(2.) The facts of the case are set out in brief. An application for grant of deemed conveyance under the provisions of the MOFA was made by the society on February 26, 2020. The Competent Authority by a notice published in two local newspapers, English as well as Marathi, called upon those interested in the deemed conveyance application filed by the society to submit their say on the date fixed for hearing on March 19, 2020, at 03. 30 p.m. The promoter through their advocate appeared before the Competent Authority on March 19, 2020. The vakalatnama was duly filed by advocate Shri R. P. Rathod representing the promoter. On the vakalatnama is an endorsement of having received the copies of the application on March 20, 2020. The copy of the vakalatnama is stated to have been obtained from the records of the Competent Authority. The Competent Authority by the order impugned allowed the application for grant of deemed conveyance.

(3.) The promoter pleads that the impugned order is passed in breach of principles of natural justice without hearing him and on the very date fixed for his appearance mentioned in the public notice. The promoter having realised that the application is disposed of in his absence, made an application on April 25, 2022 to the Competent Authority for providing the certified copies of the entire file, proceedings, roznama and final order on the deemed conveyance application. Learned counsel for the promoter submitted that they were informed that due to Covid restrictions, the hearing will not take place. Learned counsel submits that the application has been allowed on March 19, 2020 itself on an erroneous interpretation of Government Resolution (G.R.) issued by the State Government imposing Covid restrictions by giving a go by to the principles of natural justice. In his submission, the Competent Authority appears to have misconstrued the G.R. to mean that it can override the statutory provisions prescribing the procedure for hearing of the application and therefore, the procedure adopted by the Competent Authority is completely dehors the provisions of MOFA and the Rules.