MARATHON ERA CO-OPERATIVE HOUSING SOCIETY LTD Vs. COMPETENT AUTHORITY & DISTRICT DY. REGISTRAR , COOPERATIVE SOCIETIES

JUDGEMENT

(1.) In early 2018 the first of these Writ Petitions, Writ Petition No. 180 of 2018 ("the Marathon Writ Petition") came before me. The question raised was in regard to what is called a 'Unilateral Deemed Conveyance' under the Provisions of Sec. 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963 ("MOFA"). Soon other Writ Petitions with a similar point involved came to be tagged with the Marathon Writ Petition. The hearings continued with several interruptions unfortunately. By this time, of the original clutch of tagged or grouped Petitions, only these two remained - the Marathon Writ Petition and, from the Appellate Side is Civil Writ Petition No. 295 of 2015 ("the Gulmohar Writ Petition"). Others were segregated.[Order dtd. 1/4/2019 in Original Side Writ Petition No. 2453 of 2018 and Order dtd. 12/2/2019 in Original Side Writ Petition Nos. 2590 and 2591 of 2016.]

(2.) While I deal with both Petitions on merits, having regard to the nature of submissions and arguments presented, I believe it is first necessary to address the question or questions of law that arise. I take this approach because individual facts will not affect statutory interpretation. But in order to appreciate the submissions on statute, I believe it is necessary first to broadly identify as accurately, yet as neutrally as possible, the specific problem.

(3.) MOFA has been held to be a type of welfare legislation, or, at any rate, one meant for the protection of flat purchasers. Among its provisions in Sec. 11. As we shall see, this relates entirely to a transfer of title from the 'promoter' to an organisation of persons who take flats. This may be a cooperative society, a company or an association of flat takers or apartment owners. The word 'promoter' is defined in the statute.