Deemed Conveyance Certificate Cannot be Reopened by MOFA Authority
Impugned order dated 12.1.2016 modifying the certificate of unilateral deemed conveyance dated 4.5.2017 and indicating the proportionate share area of the society in the Recreational Ground and exact land conveyed to the society.
The application was allowed by the Competent Authority by order dated 4 May 2017 conveying land admeasuring 2625.84 sq. mtrs alongwith proportionate undivided share in all common properties, internal road, RG, facilities and amenities, as well as access road out of larger undivided plot of land.
On 25.1.2019, the Deed of Conveyance was executed.
Thereafter, the application for modification of the deemed conveyance certificate was filed for showing recreational ground.
The above rival positions taken by the two Societies leave no manner of doubt that there was a serious dispute before the Competent Authority in respect of entitlement of the buildings to share the R.G. area. In my view, therefore this disputed question of fact could not have been determined by the Competent Authority by exercising power of issuance of Corrigendum.
In the present case, entitlement for proportionate share of Respondent No.1 in the R.G. area is not disputed by anyone. However, the dispute is only about the exact area of proportionate share. That dispute cannot be resolved by issuance of Corrigendum as it involves adjudicatory exercise of power. In that view of the matter, the impugned order dated 12 January 2026 is indefensible and needs to set aside.
Judgment dated 15.7.2026 of the High Court of Bombay in Writ Petition No.6008 of 2026 of Shree Rasraj Heights Cooperative Housing Society Ltd Vs. Devendra Cooperative Housing Society Ltd and others with connected matters.
