MAYFAIR HOUSING PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner viz. Mayfair Housing Private Limited as a Developer/Promoter has filed the present Writ Petition seeking to challenge the order dated 31st May, 2018 passed by the Competent Authority constituted under Section 5A of The Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short "MOFA"), whereby, a certificate was granted to Respondent No.2- Society for effecting deemed conveyance of the suit land.

(2.) Learned counsel appearing for the Petitioner inter alia raised two contentions in support of his challenge viz : i. Impugned order dated 31st May, 2018 was passed contrary to the provisions of the Agreement dated 17th July, 2015 vis-a-vis the time period mentioned therein and ii. that the impugned order does not take into consideration the increase in Floor Space Index (FSI) in terms of clause (9) of the Agreement dated 17th July, 2015.

(3.) In support of the first contention raised by the Petitioner reliance was placed upon the provisions of Section 11 of the MOFA, which is quoted hereunder :