I-17 Mahavir Nagar Co-Operative Housing Society Ltd. v. the Competent Authority and District Deputy Registrar

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Bombay High Court writ petition 12043 of 2025, decided 13-10-2025 by N.J. Jamadar, J. I-17 Mahavir Nagar Co-Operative Housing Society Ltd. v. Competent Authority and District Deputy Registrar. Subject: deemed conveyance / unilateral deemed conveyance certificate under Section 11, MOFA Act 1963; Section 4 MOFA agreement; agreement dated 6th June 1978; Government Resolution dated 22nd June 2018 (multi-society layout guidelines); architect's certificate; approved/sanctioned building plan. Competent Authority rejected Application No. 84 of 2024 on 23-10-2024 without considering merits. Court held rejection unsustainable: no examination of the 1978 agreement, finding of no MOFA agreement prima facie factually incorrect, curable infirmities warranted opportunity (relying on Ganesh Prerna CHS, WP 8864/2024). Relief: petition allowed, impugned order quashed and set aside, matter remanded for fresh decision, three weeks to file additional documents, all contentions including promoter status of respondent nos. 2-4 and 16 kept open. Case cited: D.D. Udeshi v. State of Maharashtra, Cri. Appln. 4311 of 2006 (by respondents' counsel). Keywords: MOFA, deemed conveyance, competent authority, remand, quashed, natural justice, opportunity to cure defects, promoters, cooperative housing society, Thane/Mira Road area.