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As per case facts, Kartik Regency Coop. Housing society Limited (petitioner) sought Deemed Conveyance for land after the promoters (Respondent Number 3 & 4) failed to execute it despite selling
...flats and constructing a building on specific CTS numbers. The petitioner's application was rejected by the District Deputy Registrar (Respondent 2). The petitioner filed a Writ Petition in the High Court, arguing that Respondent 2 exceeded its jurisdiction by considering extraneous factors like alleged consents for future construction and a pending appeal against the society's registration. The question arose whether the Competent Authority, in a summary proceeding for Deemed Conveyance under MOFA, can delve into complex title disputes or consider materials beyond statutory agreements and certificates to deny the claim. Finally, the High Court held that the Competent Authority's inquiry is limited to prima facie verification of statutory conditions. It found that the petitioner had established its entitlement to Deemed Conveyance for the specified land based on agreements and official certificates. The High Court ruled that extraneous arguments and pending collateral proceedings could not defeat the clear statutory mandate, setting aside the rejection and directing the Competent Authority to pass a fresh order granting Deemed Conveyance.
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