SWASTIK PROMOTERS AND DEVELOPERS Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) The petitioner takes exception to an order dtd. 26/7/2021 passed by respondent No.1 in Deemed Conveyance Application No.D.C.1006568/2019/1608 granting unilateral deemed conveyance under Sec. 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ("MOFA Act") in respect of land admeasuring 13718.26 sq. mtrs. along with construction admeasuring 12048.83 sq. mtrs. on the land at Mouje Tathavade, Taluka Mulshi, District Pune.

(2.) The facts and circumstances giving rise to the filing of the instant writ petition are as under: Respondent No.2 filed Deemed Conveyance Application No.1006568 of 2019 before respondent No.1. The petitioner is promoter and developer of the scheme. The members of respondent No.2 - Society purchased units / flats as per agreement to sale which was based on sanctioned plan dtd. 24/12/2010. According to the petitioner, as per sanctioned plan dtd. 24/12/2010, permissible FSI was 12,086.87 sq. mtrs. And sanctioned units were 219. The said sanctioned plan was revised on 4/4/2014 by the petitioner without consent of respondent No.2 - Society. However, the revision of plan does not change position of FSI.

(3.) The respondent No.2, therefore, filed Special Civil Suit No.1482 of 2019 before the Civil Judge Senior Division, Pune seeking relief of specific performance of the agreement to sale, and further seeking declaration that lay-outs dtd. 4/4/2012 and 26/5/2014 be declared as illegal and void. The respondent No.2 further prayed injunction against the petitioner and Municipal Corporation not to revise existing plan of the property without the consent of members of the respondent No.2-Society.