Unilateral Deemed Conveyance – Federation of Housing Societies Vs Individual society
Seven Cooperative Housing Societies have formed Vijay Nagari Cooperative Housing Societies Federation Ltd.
By the order dated 4.7.2022, the Federation was granted conveyance of the entire larger plot of 28,700 sq.mts.
However, the Authority, by the order dated 23.9.2024, granted separate conveyance to the respondent no.1 Society for the land of 4748.93 sq.mts in addition to the proportionate share of 857.56 sq.mts in the recreational ground.
This is challenged in the writ petition by six out of seven societies and the Federation filed the writ petition against respondent No.1 Society of Building Nos.1 to 4.
HELD that the respondent no.1 Society could not have filed application for conveyance in respect of smaller portion of the land when conveyance for the entire land was already granted in the name of Federation. The Authority has no jurisdiction to entertain such application and grant conveyance of small portion of the land already conveyed to the Federation. Once the jurisdiction under Section 11 of MOFA is exercised by giving conveyance of entire land to the Federation, no statutory obligation remained in respect of the Promoter which could be further enforced by entertaining one more application under Section 11 of the Act.
Order dated 24.4.2025 of the High Court of Bobay in Writ Petition No.17099 of 2024 of Bldg. No.5 and 6, Vijay Nagari CHS Ltd and others Vs. Bldg.No.1 and 4, Vijay Nagari CHS Ltd and others
