M/S Jayantilal Investments v. the District Deputy Registrar Co-Op. Soc. Mumbai City (4) and Ors.
Case brief
What is this about?
Keywords: deemed conveyance; Maharashtra Ownership Flats Act (MOFA); Section 11(5) MOFA; Section 4 MOFA statutory form; promoter's right to personal hearing; objections on record; complete absence of hearing vs inadequate hearing; breach of natural justice; concrete/legal prejudice; discretion under Article 226; State of Uttar Pradesh v. Sudhir Kumar Singh, AIR 2019 SC 5215; deficit/insufficient stamp duty between State and society; approval of housing society's draft conveyance; Competent Authority; District Deputy Registrar Coop. Societies Mumbai City (4); writ petition dismissed, no costs; interim application disposed; Bombay High Court; Amit Borkar, J.; decision dated January 19, 2026.
What did the court decide?
At the deemed-conveyance stage the authority must give the promoter an opportunity of hearing; here the petitioner's objections were already on record and were specific and document-based, so there was no complete absence of hearing.