KENT HEIGHT CO-OPERATIVE HOUSING SOCIETY LIMITED Vs. VARDHAMAN NAGAR CO-OPERATIVE HOUSING SOCIETY LIMITED

JUDGEMENT

(1.) Challenge in this writ petition is to the order passed by the competent authority in exercise of power under Sec. 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

(2.) On perusal of the record, it appears that the dispute is essentially between the two societies who are part of the same layout. According to the petitioner, the area which is shown as RG- 1 and RG-2 has been granted in favour of respondent No. 1- Society by the impugned order. In support of granting the order of deemed conveyance, the competent authority relied upon the certificate issued by the Architect dtd. 23/3/2021. The petitioner has raised serious objections to the reliance placed on the said certificate, asserting that it was neither disclosed to nor served upon them prior to the passing of the impugned order.

(3.) After hearing both sides, it appears that there is no conclusive evidence to show that a copy of the certificate dtd. 23/3/2021, considered by the competent authority while adjudicating the rights between the parties, was furnished to the petitioner. This being a crucial document, it was incumbent upon the authority under the Act to furnish a copy of the certificate dtd. 23/3/2021, as it goes to the root of the matter. In the absence of conclusive material to show that such a document was served on the petitioner, this Court is constrained to record a finding that this document was not served on the petitioner. Hence, the impugned order is based on a document which was material for deciding the rights between the parties, and the copy of such a document was not served on the petitioner, resulting in legal prejudice in the nature of an opportunity to explain the use of RG-1 and RG-2 being taken away. This constitutes a clear violation of the principles of natural justice, which mandates that no party should be condemned unheard.