Unilateral Conveyance – Dispute of extent of land and recreational ground
The Authority granted unilateral conveyance to the respondent no.1 Society for the land of 4925.62 sq.mts and 869.23 sq.mts undivided rights in the recreational ground.
The promoter objected on the ground that the members had acknowledged to the promoter’s right of way to 9 meter road and that they would not impede or disturb such access. The promoter also raised the dispute about area and inclusion of recreational ground.
The role of the Competent Authority under Section 11 of MOFA is quasi judicial in nature being limited to effectuating the promoter’s pre-existing obligations under the statute and the agreements executed under Section 4.
It is well settled principle of property law that in the event of a conflict between a boundary description and a survey number, the former ordinarily prevails. Where there is an apparent conflict between boundary description and other recitals, the boundary references are of paramount importance in determining the identity of the property intended to be conveyed.
It is consistent judicial view of this court that if the area ultimately conveyed under a deemed conveyance allegedly exceeds what was stipulated in the agreements or sanctioned plan, the promoter’s recourse is to file a civil suit.
The rights of the flat purchasers in common areas and amenities have statutory underpinnings and any dispute as to the quantum or classification of such areas requires a full factual inquiry suitable only in a civil forum.
Judgment dated 24.2.2025 of the High Court of Bombay in Writ Petition No.2222 of 2025 (AS) of Nahalchand Laloochand Pvt Ltd and others Vs. Shri Panchamrut CHS Ltd and others
