Disposed¶23

New Jalpari Chs Ltd. v. M/S. Sudama Estate Agency and Ors.

MOFA – Unilateral deemed conveyance

Bombay HC8 Jan 2026WP/9751/2024

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Case brief

AI extract

What is this about?

Unilateral deemed conveyance; MOFA 1963; Maharashtra Ownership Flats Act; Section 11 Competent Authority; Section 11(5) certificate; Section 4 agreement Clause (6); layout plan objection; Architect's certificate dated 13 October 2022; 985.90 square meters; Sector P-1; Sector P 1971.79 square meters; New Jalpari CHS Ltd.; M/s. Sudama Estate Agency; society of flat purchasers; conveyance in accordance with law; four weeks; no order as to costs.

What did the court decide?

Competent Authority directed to issue a certificate under Section 11(5) of MOFA in favour of the Petitioner-Society in respect of land admeasuring 985.90 square meters within four weeks; no order as to costs. ¶23

New Jalpari Chs Ltd. vs M/S. Sudama Estate Agency and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Competent Authority under Section 11 of MOFA was justified in rejecting the Petitioner's application for unilateral deemed conveyance on the ground that the development pertains to a larger parcel of land and the Petitioner failed to produce a layout plan and Architect's certificate establishing its proportionate entitlement.

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Court's answer

On consideration of Clause (6) of the agreement executed under Section 4 of MOFA together with the Architect's certificate dated 13 October 2022, the land to be conveyed to the Petitioner measures 985.90 square meters, and that area is clearly ascertainable in terms of Clause (6) of the agreement.

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Ratio / Principle

The Competent Authority was not justified in rejecting the application for grant of unilateral deemed conveyance.

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Key takeaways

The Petitioner is entitled to conveyance of land admeasuring 985.90 square meters in accordance with law.ratio¶18
The Competent Authority is directed to issue a certificate under Section 11(5) of MOFA in favour of the Petitioner-Society in respect of land admeasuring 985.90 square meters within four weeks.ratio¶22

Detailed headnote1 paragraphs

MOFA – Unilateral deemed conveyance – Rejection by Competent Authority under S.11 corrected: Where Clause (6) of the agreement for sale executed under S.4 MOFA recorded the Developer's intention to construct on 985.90 sq m out of Sector P-1 (forming part of Sector P admeasuring 1971.79 sq m), and an Architect's certificate dated 13 October 2022 certified the conveyable area as 985.90 sq m corresponding to the Society's total built-up area, the Bombay High Court (Amit Borkar, J.) held that the Competent Authority was not justified in rejecting the unilateral deemed conveyance application for want of a layout plan; the Competent Authority was directed to issue a certificate under S.11(5) MOFA in respect of 985.90 sq m within four weeks. Writ petition disposed of; no order as to costs.

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905-wp-9751-2024.doc

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Shabnoor

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.9751 OF 2024

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Digitally signed by SHABNOOR SHABNOOR AYUB AYUB PATHAN PATHAN Date: 2026.02.18 17:32:51 +0530

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New Jalpari CHS Ltd. … Petitioner V/s. M/s. Sudama Estate Agency & Ors. … Respondents

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Mr. Sandeep Mishra i/b Vijay Tiwari, for the Petitioner. Mr. S. L. Babar, AGP, for the State – Respondent No.7.

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CORAM : AMIT BORKAR, J. DATED : FEBRUARY 18, 2026

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P.C.:

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The Petitioner – a society of flat purchasers formed under Section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”) – has impugned the order passed by the Competent Authority under Section 11 of MOFA, whereby the application seeking unilateral deemed conveyance came to be rejected. The rejection is principally on the ground that the development undertaken by the Developer pertains to a larger parcel of land and that the Petitioner failed to produce a layout plan and Architect’s certificate to establish its proportionate entitlement in the larger property.

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The learned Advocate for the Petitioner has invited attention to Clause (6) of the agreement for sale executed between the

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905-wp-9751-2024.doc

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purchasers and the Developer under Section 4 of MOFA. The said clause specifically records that the Developer intended to construct a building on land admeasuring 985.90 square meters out of Sector P-1, which forms part of the larger property of the total area of Sector P admeasuring 1971.79 square meters.

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Moreover, the petitioner had also placed on record before the Competent Authority an Architect’s certificate dated 13 October 2022, certifying that the area to be conveyed in favour of the Society is 985.90 square meters, which corresponds with the total built-up area of the Society as reflected in the agreement.

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The Petitioner has filed an affidavit of service evidencing service of notice upon Respondent Nos. 1 and 6. Despite due service, the said respondents have failed to appear before this Court. Accordingly, the petition is taken up for final disposal in their absence.

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Upon consideration of Clause (6) of the agreement executed under Section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”) and the Architect’s certificate dated 13 October 2022, it is evident that the land admeasuring 985.90 square meters. The said area is clearly ascertainable in terms of Clause (6) of the agreement executed under Section 4 of MOFA.

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In the aforesaid circumstances, the Competent Authority was not justified in rejecting the application for grant of unilateral deemed conveyance. The petitioner is, therefore, entitled to conveyance of land admeasuring 985.90 square meters in

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accordance with law.

The Competent Authority shall accordingly issue a certificate under Section 11(5) of MOFA in favour of the Petitioner-Society in respect of land admeasuring 985.90 square meters, within a period of four weeks from today.

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The writ petition stands disposed of in the aforesaid terms. No order as to costs.

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(AMIT BORKAR, J.)

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New Jalpari Chs Ltd. v. M/S. Sudama Estate Agency and Ors.

Case brief

What is this about?

What did the court decide?

New Jalpari Chs Ltd. v. M/S. Sudama Estate Agency and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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