A developer challenged a competent authority's order granting unilateral deemed conveyance to a housing society, alleging non-supply of a fresh architect's certificate. The High Court found no prejudice, noting the conveyance covered a lesser area proportionate to the society's constructed area, and dismissed the petition.
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2024:BHC-AS:20025
46.7453.23 wp.docx
Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7453 OF 2023
M/s. Sonal Construction .....Petitioner
Vs.
Sonal B CHS Ltd and Ors
.....Respondents
Mr. Aseem Naphade a/w Mr. Yatin R. Shah, Mr. Vipul Makwana and Mr. Keyur A. for the petitioner
Mr. Vishal Kanade a/w Mr. Kartik Tiwari, Mr. Devang Shah, Mr. Aditya Kanchan i/b Lakshyavedhi Legal for respondent no. 1 Ms. M. P. Thakur, AGP for the State
CORAM : GAURI GODSE, J.
DATE : 20th MARCH 2024
P.C.
1. This petition filed by the developer takes exception to the Order
passed by the Competent Authority granting unilateral deemed conveyance in favour of respondent no. 1 society. Learned counsel for
the petitioner submitted that the fresh architect’s certificate submitted
by the society after oral arguments of the parties were over was not
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46.7453.23 wp.docx
supplied to the petitioner. However, the learned counsel for the petitioner is unable to point out any prejudice caused to the petitioner by the impugned Order granting unilateral deemed conveyance for an area of 794.80 square meters out of 1568 square meters. It appears that the original architect certificate stated an area of 838.19 square meters, and in view of the fresh architect certificate, a lesser area of 794.80 square meters is stated to have been the society's entitlement for the unilateral deemed conveyance.
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the imbalance regarding the calculation of FSI, could not have granted deemed conveyance as there were disputed facts on record.
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46.7453.23 wp.docx
property title. The law regarding the scope of Section 11 of the MOFA and the grant of unilateral deemed conveyance is no longer res integra. The unilateral deemed conveyance does not decide the parties' rights regarding the property's title.
[GAURI GODSE, J.]
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Signed by: Iresh S. Mashal Designation: PS To Honourable Judge Date: 02/05/2024 15:24:54
2 issues framed by the court
Whether the competent authority could grant unilateral deemed conveyance without supplying the fresh architect's certificate to the developer.
Whether the order granting deemed conveyance for a lesser area caused prejudice or affected the developer's rights under the development agreement.
2 provisions across 2 enactments
M/s. Sonal Construction
Sonal B CHS Ltd and Ors
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
