M/S. Parmanand Builders LLP v. Competent Authority and District Deputy Registrar Co-Op Op Soc. Andors
Case brief
What is this about?
Unilateral deemed conveyance Section 11(3) MOFA; promoter definition Section 2(c) Maharashtra Ownership Flats Act 1963; conveyance of sale versus leasehold assignment; Form V Clause 13; Rule 5 MOFA Rules; owner causing construction is promoter; Public Housing reservation Condition (f) ten-year leasing prohibition; no registered lease executed; Ratan CHS Dahisar Borivali; Competent Authority & District Deputy Registrar Cooperative Societies Mumbai City (4); Farhat CHS v Malkani Enterprises 2014 SCC OnLine Bom 1265 relied on; Haresh Bhatia WP 18739/2024 relied on; Mahavir CHS WP 6167/2022 distinguished as fact-specific; consent terms Suit Nos.1648 & 1649 of 1979; writ petitions dismissed, deemed conveyance upheld.
What did the court decide?
None to the petitioners. All writ petitions dismissed; the impugned order granting unilateral deemed conveyance in favour of the respondent society upheld; competent authority and registering authority directed to give effect to the impugned order and complete consequential steps; Rule discharged; no order as to costs; pending interlocutory applications disposed of; observations clarified not to preclude pursuit of appropriate remedies before the competent civil court