Case Note & Summary
The Petitioner, filed a Writ Petition challenging an order by the Competent Authority under MOFA that allowed Priya Co-operative Housing Society Limited to obtain a unilateral conveyance certificate for a property in Vile Parle, Mumbai. The Petitioner, along with other co-owners (Respondent Nos. 6 to 11), held shares in the property, which was leased to Respondent Nos. 5(a) and 5(b) under a 98-year lease. The Competent Authority issued the certificate without notifying the co-owners, leading to a registered deed of assignment. The High Court found procedural irregularities and lack of jurisdiction, as MOFA applies only when promoters fail to execute conveyances, not in cases with existing leases and co-owner disputes. The Court quashed the order and deed, directing a fresh hearing with all parties.
Headnote
The High Court of Judicature at Bombay, in its Ordinary Original Civil Jurisdiction, heard a Writ Petition challenging an order dated 28 May 2014 by the District Deputy Registrar of Co-operative Societies (3), Mumbai, acting as the Competent Authority under Section 11(3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) -- The order certified that the case of Priya Co-operative Housing Society Limited (Respondent No. 3) was fit for enforcing unilateral execution of a conveyance deed and directed the Society to submit a draft transfer document -- The Petitioner, Gerald Michael Misquitta, a beneficiary and co-owner of the property, also sought cancellation of a Deed of Assignment and Transfer dated 5 July 2014 registered under Serial No. BDR-9/5261 of 2014 -- The Court held that the Competent Authority failed to follow due process and natural justice by not issuing notices to all co-owners and beneficiaries, including the Petitioner and Respondent Nos. 6 to 11, who had shares in the property -- The Court found that the Authority lacked jurisdiction as the property was subject to a lease agreement and disputes among co-owners, making MOFA inapplicable -- The Petition was allowed, quashing the impugned order and the consequential deed of assignment, with directions to the Competent Authority to reconsider the matter after hearing all parties
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Issue of Consideration: The Issue of whether the Competent Authority's order issuing a unilateral conveyance certificate under MOFA was valid, and whether the subsequent deed of assignment should be cancelled
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Final Decision
The High Court allowed the Writ Petition, quashed the order dated 28 May 2014 and the consequential Deed of Assignment and Transfer dated 5 July 2014, and directed the Competent Authority to reconsider the matter after hearing all parties, including the Petitioner and Respondent Nos. 6 to 11
