NAVI MUMBAI MERCHANTS CHAMBER Vs. ARJUN KRISHNARAO DESHMUKH

JUDGEMENT

(1.) The petitioner takes exception to an order dtd. 20/8/2019 passed by the Minister for Cooperation, Mantralaya, Mumbai, granting registration under Sec. 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Manager and Transfer) Act, 1963 ('MOFA Act' for short) in respect of plot bearing No.4, Sector 19, Vashi, Navi Mumbai in favour of respondent No.1.

(2.) Facts and circumstances giving rise to the filing of the present writ petition are as follows: Respondent No.6-CIDCO executed registered lease deeds in favour of the petitioner in respect of plot No.14, Sector 19, Vashi, Navi Mumbai on 5/3/2001 and 20/2/2004. Thereafter, by resolution dtd. 21/8/2004, the petitioner resolved to confer the right to transfer commercial shops in favour of its members. On 24/8/2004, the petitioner executed a development agreement in favour of respondent No.3-developer for a consideration of Rs.52.00 lakh and 178 shops/units free of cost. The development agreement expressly permitted the developer to sell 59 units in the open market. Subsequently, Navi Mumbai Municipal Corporation, on 24/12/2004, granted building permission to construct a multi-storied building over the said plot, and on 2/7/2007, issued the occupation certificate for the building. On 12/4/2008, the general body of the petitioner decided to allot shops/units in favour of third parties.

(3.) On the failure of respondent No.3 to form a society, respondent No.1, having secured the minimum number of persons required to constitute a co-operative society who had taken flats, filed an application with the Registrar for registration of the society under Sec. 10 of the MOFA Act. The Registrar, by order dtd. 7/3/2004, rejected the proposal of respondent No.1. In response, respondent No.1 filed an appeal, which was allowed on 12/9/2014, directing the grant of registration in its favour. Consequently, on 17/9/2014, respondent No.1-society was duly registered.