RUNWAL PARADISE Vs. DISTRICT DEPUTY REGISTRAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

(2.) Exception is taken to the certificate of the unilateral deemed conveyance issued by the District Deputy Registrar, Co-operative Societies, Pune City, Pune, under the provisions of Sec. 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short, "MOFA") only to the extent that the grant is of area admeasuring 1103.55 sqr.mtrs. of the land as opposed to the claim of 1643.79 sqr.mtrs.

(3.) The facts as discerned from the record are that the Petitioner- Society is part of layout developed on land bearing Survey No.98/1 situated at Mauje Kothrud, Pune admeasuring about 13456 square meters. The Respondent No.2 under various registered agreements dtd. 9/7/2001 was granted exclusive right to construct and allot/sale flat, row-houses etc. in the buildings to be constructed on the said land and to enter into agreement with the flat purchasers and to receive the said price thereof. Pursuant thereto, the layout plan was sanctioned by the Pune Municipal Corporation vide commencement certificate dtd. 20/7/2001. Subsequently the plans were revised in the year 2002, 2003 and was again revalidated in the year 2016. The construction of the Petitioner Society which is "A" Wing commenced in the year 2003 and in due course the row houses and buildings "C", "D" and "E" Wings were constructed and possession of the tenements was handed over to the respective flat purchasers. The Petitioner-Society was registered in the year 2006.