GARDEN A-1 CHSL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of parties. CHALLENGE IN THE PETITION:

(2.) Exception is taken to the certificate of unilateral deemed conveyance issued by the District Deputy Registrar, Co-operative Societies and Competent Authority under the provisions of Sec. 11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). By the impugned Order and Certificate, the Society is granted unilateral deemed conveyance of the constructed area being 3461.43 sq. mtrs. FACTUAL MATRIX:

(3.) From the record the facts which are required to be exposited are that the Petitioner-Society is constructed on Final Plot No.412, situated at Eastern Express Highway Village, Panchpakadi, Taluka and District: Thane. The predecessor in title of Respondent No.10 was the owner of larger lands bearing Final Plot Nos.410 and 412 of TPS I Thane admeasuring 21210.51 square meters. Phase wise development of the larger lands was proposed and the development rights were entrusted by Respondent No.10 to Respondent No.15, who in turn assigned development rights in respect of portion of the larger land to the Respondent No.3. The Petitioner-Society is one such construction by the Respondent No.3 under the development rights assigned by the Respondent No.15. There are other structures erected by the Respondent No.15 on other portions of the larger land. It appears that the development is proposed on the larger land which is a multi building layout.