Writ petition challenging deemed conveyance of land under the MOFA Act, argued to violate transfer restrictions under an exemption order. The court held that the Registrar is not concerned with tenement sales and dismissed the petition without merit.
The petition was dismissed as it was found to be without any merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp-1523/15.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDIINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1523 OF 2015
Virendra Amrutlal Shah. Versus
District Deputy Registrar and Others.
..Petitioner. ..Respondents.
Mr. Vikhil Dhoka, Ms. Sayli Shetty i/b Solicis Lex for the Petitioner. Mrs. Jyoti Chavan, AGP for the Respondent-State.
Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ. Date : June 13, 2018 .
P. C. :
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wp-1523/15.
with these owners, has developed the subject land and the members of Respondent No. 2 have purchased those tenements.
“In the case of dwelling unit sold or otherwise transferred its resell or transfer shall not be permitted for a period of five years from the date of completion of dwelling units”
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Respondent No.2 society in respect of the land beneath the building. In any case, the Petitioner cannot make a grievance against the same inasmuch as he has already developed the subject land and sold out the flats to members of Respondent No. 2-Society. The petition is without any merit and the same is therefore dismissed.
[SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.]
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2 issues framed by the court
Whether deemed conveyance under Section 5A of the MOFA Act violates the transfer restriction condition in an exemption order under Section 21 of the ULC Act.
Whether the Registrar is concerned with the sale of tenements while granting deemed conveyance of the underlying land.
2 provisions across 2 enactments
Virendra Amrutlal Shah
District Deputy Registrar
Others
Society
RANJIT MORE
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
