Deemed Conveyance – Authority has limited jurisdiction – No power to consider validity of documents.
On 3.8.2003, the commencement certificate was granted by the CIDCO.
In January, 2004, the Respondent no.1 commenced construction and entered into registered agreements of sale with individual flat purchasers.
By the notice dated 30.5.2012, the petitioner society asked the Respondent No.1, Shripati and Ambo to convey the land and building.
In the meanwhile, there were number of court proceedings between the parties and the dilapidated building was demolished in July to December, 2022.
On 27.1.2023, the Authority rejected the application for deemed conveyance for defect in the application.
HELD that the Competent Authority has limited jurisdiction under Section 11(3) of the Maharashtra Ownership of Flats (Regulation of Construction of Sale, Management and Transfer) Act, 1963. It cannot go into the validity of documents executed between the parties including title and to reject application for deemed conveyance on the ground of validity of documents.
The dispute between the owner and the developer cannot be permitted to jeopardise the rights of the flat purchasers to obtain conveyance.
The permissions of commencement certificate and occupancy certificate were issued in the name of owners and therefore, they were “promoters”. The ground that there was no privity of contract between the landowners and the flat purchasers is not valid. The owners are bound to convey the property under MOFA.
Deemed conveyance cannot be denied because the dilapidated building was demolished.
Judgment dated 21.11.2024 of the High Court of Bombay (AS) in Writ Petition No.2455 of 2023 of M/s. Blue Heaven Coop Housing Society Ltd Vs. M/s. Punit Construction Company Pvt Ltd and others
