GAYATRI CONSTRUCTION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition, the Petitioner challenges Order dtd. 15/11/2022 as well as Corrigendum dtd. 20/12/2022 passed by District Deputy Registrar, Co-operative Societies, Mumbai (2) Eastern Suburbs, Mumbai and Competent Authority granting unilateral deemed conveyance of land admeasuring 1137.56 sq. mtrs. in favour of Respondent No.3-Society.

(2.) Briefly stated, facts of the case are that one Dattatraya Khanderav Ladewar was the owner in respect of land bearing CTS Nos. 866, 866/1 to 866/13, village Mulund, District Mumbai Suburban. Said Dattatraya Khanderao Ladewar entered into an Agreement for Sale dtd. 21/8/1978 and agreed to assign his right, title and interest in the said land in favour of the Petitioner. It appears that Respondent No.10-Dharma Builders in whose favor the Indenture of Lease dtd. 16/5/1975 was executed by said Dattatraya Khanderao Ladewar also executed the Agreement dtd. 23/8/1978 in favor of the Petitioner to transfer the lease its favor. Petitioner got the building plans sanctioned from the Municipal Corporation of Greater Mumbai (MCGM) for the construction of a building consisting of ground and six upper floors (5 Shops and 18 Flats). An Intimation of Disapproval was issued by the Municipal Corporation on 12/2/1979. Petitioner entered into various Agreements for Sale with the purchasers of flats and shops. Respondent No.3-Society was formed by such purchasers of flats and shop. The society filed an application dtd. 7/2/2022 before the Competent Authority under provisions of Sec. 11 (3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) seeking a certificate of unilateral deemed conveyance of land admeasuring 1274.57 sq. mtrs including protected proportionate road set back area admeasuring 65.03 sq. mtrs. out of the total land. The application was opposed by Petitioner by filing a reply. Petitioner took a defence inter-alia that as per Agreements executed with flat purchasers, only a lease in respect of constructed structure (building) for a period 999 years could be granted in favour of the society and that Petitioner shall continue to remain owner in respect of the entire land.

(3.) It appears that during pendency of the proceedings, the Competent Authority called for a technical report of its empaneled Architect vide letter dtd. 23/9/2022. The Architect submitted the report vide Certificate dtd. 21/10/2022 concluding that the area of land to be conveyed to the society could only be 1137.56 sq. mtrs. Based on the Architect's Certificate, the Competent Authority passed an Order dtd. 15/11/2022 conveying land admeasuring 1137.56 sq. mtrs. in favor of the Society. The Corrigendum dtd. 20/12/2022 has been issued only for the purpose of recording the correct number of members of Respondent No.3-Society as 24 instead of 21. Petitioner is aggrieved by Order dtd. 15/11/2022 and Corrigendum dtd. 20/12/2022 and has filed the present Petition.