SHREE SIDDHARTH CONSTRUCTION BUILDERS AND DEVELOPERS Vs. SARASWATI APARTMENT CO-OPERATIVE HOUSING SOCIETY LIMITED

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner seeks the following reliefs:

(2.) At the hearing no submissions were made on behalf of the petitioner with regard to the declaration sought at (a) above namely, declaring the amendment to the MOFA as unconstitutional. Therefore, we have had no occasion to consider the validity or otherwise of the amendment made to the MOFA by Act No.4 of 2008. So far as the relief sought in clause (c) above is concerned i. e. cancellation of the conveyance dated 30 May 2012 registered with the Office of the Sub Registrar of Assurances, no separate submissions were made as the same would be a consequence of our decision with regard to petitioner's challenge at (b) above to the impugned order dated 26 March 2012 passed by respondent No.4 under MOFA.

(3.) The genesis of the present petition challenging the order dated 26 March 2012 of respondent No.4 under MOFA is that the petitioner by an agreement dated 29 December 2007 purchased the rights of one Dayaram Damodar Acharya MithaiwalaHUF (the original owners) in the property i.e. plot of land admeasuring 4739.77 mtrs. bearing CTS No.1404 and 1404/1 to 23 situated at Borivali ("said property"). Further, the petitioner by an agreement dated 29 February 2008 also purchased the rights in respect of the said property available with the Promoter of the said property namely Reliable Construction Company (respondent No.2). The original owner had sold certain rights in respect of the said property to respondent No.2 under agreement dated 12 November 1980 and subsequent conveyance dated 19 December 1986. The predecessor of the petitioner namely respondent No.2 had developed the said property and had constructed its first building thereon in 1982 now known as Shree Saraswati Apartment Cooperative Housing Society Limited (respondent No.1) and agreed to sell flats therein by executing agreements of sale with flat purchasers under the MOFA. The respondent No.2 constructed its second building in the years 199192 now known as Saraswati Cooperative Housing Society Ltd. (respondent No.3) and agreed to sell flats therein by executing agreements of sale with flat purchasers under MOFA.