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Section 11 MOFA – Maintainability of Second Application

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There are four buildings of four societies on common layout land of the promoter.

Initially, by the order dated 4.8.2016 the earlier application dated 2.1.2016 of the Apeksha society for deemed conveyance was rejected at  in view of pendency of a civil suit of Noble House CHSL.  Liberty to file fresh application after decision of the civil suit was given.  This order was not challenged.

On 3.1.2017, the second application was filed.  It was allowed by the order dated 11.5.2017.

On 22nd June 2018, the State of Maharashtra issued a Government Resolution prescribing guidelines governing conveyance and unilateral deemed conveyance in layouts comprising multiple buildings and multiple co-operative housing societies, including a methodology for determining the proportionate undivided share of land based on FSI utilisation.

An order alleged to be legally incorrect does not become non-existent. So long as it remains operative, it binds the parties. The remedy available was to challenge the order dated 4th August 2016 before the appropriate forum. Having elected not to do so, Apeksha CHSL could not indirectly nullify the earlier order by initiating a second round of proceedings before the same authority

Second / fresh application is in substance a review without statutory authority

Second Application amounts to impermissible review since there is no power of review under MOFA without fresh cause of action or changed circumstances.

Judgment dated 9.6.2026 of the High Court of Bombay in Writ Petition No.2453 of 2018 of B.K.Corporation  Vs.   State of Maharashtra and others

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