RUSABH SHAH Vs. AVARSEKAR & SONS PRIVATE LIMITED

JUDGEMENT

(1.) There was a dispute in between proposed society headed by the Petitioner as Chief Promoter on one hand and the Developer / Promoter - Respondent No.1 on the point of formation of new entity. According to Petitioner, it should be co-operative housing society, whereas, according to Respondent No.1, already the declaration is submitted as per the provisions of the Maharashtra Apartment Ownership Act, 1970 (Maharashtra Act No.XV of 1971) ["MAO Act 1970"]. There is one more facet to this dispute. The 'Declaration' as contemplated under the provisions of Sec. 2 of MAO Act 1970 was registered but not by Respondent No.1 but by one Mr.M.V.Prajith.

(2.) This dispute first arose before the 'Competent Authority' constituted under Sec. 5A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (Act No. XLV of 1963) ["MOFA, 1963"]. This was when the proposal moved by the Petitioner for registration of co- operative housing society was under consideration and the Respondent No.1 took objection under the provision of Sec. 10(2) of the MOFA Act, 1963. Ultimately, the Competent Authority rejected the proposal vide order dtd. 30/6/2018. It is challenged by way of this Writ Petition.

(3.) Heard learned Advocate Mr.Sharan Jagtiani, for the Petitioner, learned Advocate Mr.Sanjiv Punalekar for Respondent No.1 and learned AGP Mr. S.D.Rayrikar for the Respondent No.2 - State.