MOFA – Deemed Conveyance – Quasi Judicial Authority – Res Judicata
By the order dated 22.2.2021, the Authority dismissed the application of the respondent no.2 Society on the ground of legal uncertainties and complications regarding the identity of the land’s promoter and on account of transfers. It was directed that the parties should first seek appropriate relief from a competent civil court. This order had become final.
The Society did not approach the Civil Court to resolve the legal complications but filed fresh application on 24.3.2021.
On 5.10.2021, the Authority granted unilateral assignment of leasehold rights to the Society.
On 10.11.2023, the High Court dismissed the writ petition of the appellant.
HELD that once the Competent Authority (quasi-judicial in nature) passed earlier order and it had become final, the second fresh application is hit by the doctrine of res judicata. Any quasi judicial Authority would not ordinarily have the power to unilaterally take a contrary view taken by a coordinate or predecessor authority at an early point of time.
Judgment dated 1.4.2025 of the Supreme Court of India in SLP (Civil) No.26654 of 2023 of M/s. Faime Makers Pvt Ltd Vs. District Deputy Registrar Cooperative Societies (3), Mumbai and others
