Case Note & Summary
The Bombay High Court allowed the writ petition filed by Quantum Park Cooperative Housing Society and quashed the order rejecting its application for unilateral deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963. The Court held that pending civil suits regarding alleged illegal construction and FSI disputes are not a bar to grant of deemed conveyance. It observed that the Competent Authority failed to properly consider subdivision records, SRA approvals, survey documents, and registered sale agreements identifying the society’s land parcel. The Court directed issuance of deemed conveyance in favour of the society for CTS No. D/1084/B/2/A admeasuring approximately 3,635.4 sq. meters along with Quantum Park Wing A and Wing B, while keeping all civil disputes open for adjudication.
Headnote
Maharashtra Ownership Flats Act, 1963 – Section 11 – Deemed Conveyance – Pending Civil Suits – Scope of Competent Authority’s Jurisdiction The Bombay High Court held that pendency of civil suits relating to alleged illegal construction, FSI diversion, and unauthorized additional floors does not bar grant of unilateral deemed conveyance under Section 11 of MOFA. The Competent Authority cannot reject a deemed conveyance application merely because disputes regarding construction legality are pending before civil courts. The Court observed that the Authority is required to determine the identifiable land parcel liable to be conveyed based on survey records, subdivision records, SRA approvals, MR plans, and registered sale agreements. Even if the society claims a larger area, the Authority must identify and grant conveyance of the correct admissible area instead of rejecting the application entirely. The Court further clarified that deemed conveyance does not validate unauthorized construction nor decide title conclusively. All disputes regarding FSI misuse, illegal floors, and construction deviations remain open for adjudication before competent civil courts.
Issue of Consideration
Whether pending disputes regarding FSI and construction irregularities can bar grant of deemed conveyance under Section 11 of MOFA.
Final Decision
The Bombay High Court allowed the writ petition and quashed the order dated 22 April 2022 passed by the Competent Authority rejecting the petitioner society’s application for unilateral deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963. The Court held that pending civil suits regarding FSI disputes and alleged illegal construction do not bar grant of deemed conveyance. The Competent Authority was directed to issue a certificate of unilateral deemed conveyance in favour of the petitioner society for CTS No. D/1084/B/2/A admeasuring approximately 3,635.4 sq. meters together with Quantum Park Wing A and Wing B within four weeks. All rights and contentions in pending civil suits were kept open.
Law Points
- Supervisory jurisdiction under Article 227 of Constitution of India is discretionary and exercised only when there is patent illegality or perversity in the impugned order
- Privity of contract is essential for claiming rights under Section 11(3) of Maharashtra Ownership Flats Act
- 1963
- The court does not interfere with factual findings of the authority unless they are perverse or based on no evidence
- The burden of proof lies on the petitioner to establish its claim under the statute
