Deemed Conveyance Order Requires Reasoned Order – Bombay HC
Section 11 MOFA – Deemed Conveyance Order Set Aside For Non-Application of Mind and Absence of reasons
Section 11 MOFA – Summary Proceedings & Enquiry Does not Mean Summary Justice – Reasons have to be given by the Authority
Reasons Definitely Matter in Deemed Conveyance Cases & Order
Deemed Conveyance Not Deemed Justice – Order Must Speak through Reasons of Authority
Judgment dated 19.10.2026 of the High Court of Bombay in Writ Petition No.11184 of 2026 of Hasmukh Narrotamdas Malkam Vs. The District Deputy Registrar, Societies, Mumbai City-03 and others.
The flat purchasers formed respondent no.2 Vile Parle Vimal Gauri Cooperative Housing Society on 30.10.1982.
On 25th March 2021, the Society filed Application No. 50 of 2021 before the Competent Authority under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”), seeking a certificate of deemed conveyance in respect of the subject plot.
By an order dated 11th August 2023, the Competent Authority dismissed the application on the ground that disputed questions of ownership could not be adjudicated in summary proceedings under Section 11 of MOFA.
This order was set-aside and the matter was remanded, to consider the submissions, record reasons and thereafter decide the application.
