Thursday, April 23, 2026
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Unilateral Deemed Conveyance pending issuance of occupancy certificate

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In this petition, the order dated 24.11.2023 granting certificate of unilateral Deemed Conveyance of the land admeasuring 4913.17 sq.mts together with construction of 3239.06 sq.mtrs out of total land of 6500 sq.mts in favour of the respondent no.2 Society was challenged.

The lay out plan of the land admeasuring 6500 sq.mts with construction of 48 flats was approved.  One of the conditions of the Development Agreement between the petitioners- landowners and the Developer was that the construction should be strictly in accordance with the development permission.

However, the Respondent no.3 Developer had constructed a total of 85 units (70 residential units and 15 shops).

There is no dispute that unauthorized construction was done by the Developer.  Moreover, the building was yet to be given occupancy certificate.

HELD that in ALJ Residency Cooperative Housing Society Ltd case (W.P.406 of 2018 decided on 25.11.2024 and Yogesh Jayant Khadilkar   (W.P.No.13755 of 2022 decided on 11.2.2025), it was noted that as per the Government Resolution dated 22.6.2018 the conveyance of the land and the building is permitted in favour of the society whose building is to be given occupation certificate on submission of a self-declaration of the society accepting all responsibilities and liability regarding the building and to make an application to the Planning Authority for issuance of occupation certificate.

Mere existence of the disputes between the land owner and the promoter in Special Civil Suit No.67 of 2023 for termination of the Agreement cannot be a reason for delaying the statutory obligation under Section 11 of MOFA.

 

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