Bombay HC – No Powers of Substantive Review of Deemed Conveyance under MOFA.
Judgment dated 11.11.2025 of the High Court of Bombay in Writ Petition No.9413 of 2025 of Shri Shivam Cooperative Housing Society Ltd Vs. Vileparle Cooperative Housing Society and others
By the order dated 5.7.2022, the Competent Authority & District Deputy Registrar granted Certificate of Unilateral Deemed Conveyance under Section 11 of MOFA in respect of 738.80 sq.meters with buildings standing thereon to respondent no.1 housing society.
However, later on, an amendment was sought to the said conveyance to include an area of 8.4.92 sq.mts on which the buildings of the petitioner society have been constructed.
By the Corrigendum dated 6.5.2025, the certificate was amended for 823.72 sq.mts. with buildings.
HELD that the review is a creature of statute. In the absence of such a power, it is not legal for the quasi judicial authority to review its own order. Admittedly, the MOFA does not empower the Authority to review its own order. The Authority, after issuing the certificate under Section 11(3), becomes functus officio and not being in seisin of the matter. The Corrigendum or amendment of the certificate was substantive review and not mere correction of typing error.
In the garb of review, the Authority has inquired into the area allotted to the petitioner under the agreement of 31.1.1963 that ensued the entry in the property card that the society had a right of access over the land admeasuring 114 sq.mts and the effect of sanctioned building plan. The Authority assumed the role of an adjudicator while issuing the Corrigendum. Thus, the Authority cannot assume the powers of Civil Court to decide proprietary rights.
