RIDDHI GARDENS BUILDING Vs. DISTRICT DEPUTY REGISTRAR

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, petition is taken for final hearing and disposal.

(2.) Petition raises two broad issues:

(3.) The issue arise in the light of challenge set up by Petitioner-Society to the certificate of unilateral deemed conveyance issued by the District Deputy Registrar, Co-operative Societies, Mumbai City-4 and Competent Authority (Competent Authority) issued under the provisions of Sec. 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). By the impugned Order and Certificate, the Society is actually granted unilateral deemed conveyance of the land and building as desired by the Society. However, the grievance of the Society is about incorporation of a caveat by the Competent Authority in the certificate whereby conveyance of the land is made subject to the right of access to the buildings on neighbouring plots, not forming part of the layout in which Society's building is situated. The issue that arises for consideration is whether the Competent Authority, while issuing certificate of deemed conveyance under Sec. 11 of the MOFA, can take into consideration any document foreign to agreements executed with Flat purchasers under Sec. 4 of the MOFA and make the conveyance subject to the right created under such document.