NAHALCHAND LALOOCHAND PVT. LTD. Vs. PANCHAMRUT CHS LTD.

JUDGEMENT

(1.) The petitioners, being aggrieved, have preferred this writ petition impugning the order dtd. 15/10/2024 passed by the Competent Authority, i.e., respondent No.3. By the impugned order, respondent No.3 has purported to grant unilateral deemed conveyance under Sec. 11 of the Maharashtra Ownership Flats (Regulation of the Promotion, Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as "the MOFA Act"). The said order, it is alleged, bestows upon respondent No.1- Society the conveyance of land ad-measuring 4925.62 square metres together with undivided rights in the Recreational Ground (RG) area ad-measuring 869.23 square metres, in aggregate constituting 5794.85 square metres. The property at issue pertains to Survey No./Hissa No.330/6 corresponding to CTS Nos.1482/A/1/1 and 1482/A/1/2, and Survey No./Hissa No.330/3 corresponding to CTS No.1484 of Village Dahisar, Taluka Borivali, City Survey Office, Borivali in the Mumbai Suburban District. The petitioners assert that the order impugned is untenable in law and deserves interference by this Court.

(2.) The factual matrix, culminating in the institution of the present writ petition, may briefly be delineated hereunder.

(3.) In order to substantiate their case, respondent No.1-Society filed Deemed Conveyance Application No.76 of 2024 before the Competent Authority (respondent No.3). The basis of their claim for the deemed conveyance rested upon the agreements entered into under Sec. 4 of the MOFA Act and other documents evidencing their right to the conveyance. It is further averred by respondent No.1 that, pursuant to the mandate of the statute, they had annexed all necessary documents, including, inter alia, copies of the agreement for sale executed between the promoter and one of the flat purchasers, the resolution passed in the Special General Body meeting dtd. 11/12/2023, and the Architect's certificate and sanctioned building plan. These documents, according to respondent No.1, adequately demonstrate their entitlement to the deemed conveyance as claimed.