KRUPA ZUBIN Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) By the present Writ Petition, invoked under Article 226 and Article 227 of the Constitution of India, the Petitioners, who are purchasers of premises in a building constructed and developed under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short, "MOFA Act"), have assailed the legality and validity of the order passed by the Competent Authority under Sec. 10 of the said Act, whereby a co-operative housing society of flat purchasers has been registered.

(2.) It is the case of the petitioners that respondent No.3- Company became the owner of the immovable property bearing C.T.S. Nos. 15, 16 and 16(1), admeasuring in aggregate 780.60 square metres, situated at Sion-Trombay Road, within the revenue limits of Village Deonar, Taluka Kurla, Mumbai, together with the building and superstructures standing thereon.

(3.) It is submitted that under the Articles of Agreement dtd. 1/6/1982, respondent No.3-Company conferred development rights in respect of the said property upon M/s. Creative Builders, a proprietary concern engaged in the business of construction and development (hereinafter referred to as "the Developer").