As per case facts, the petitioner, Sher-E-Punjab Coop. Housing Society, claimed ownership of land and argued that a Power of Attorney granted to Respondent No.4 (developer) only permitted limited leasehold ...
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AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2958 OF 2026
Sher-E-Punjab Coop. Housing
Society Limited, Garden Lane,
Sher-E-Punjab Colony, Off.
Mahakali Caves Road, Andheri (E),
Mumbai 400 093 … Petitioner
Vs.
1.District Deputy Registrar-3, Coop.
Societies, MHADA Building, Ground
Floor, Room No.69, Bandra (East),
Mumbai – 400 051
2.Hilton Tower Cooperative Housing
Society Limited, C.T.S. No.368/295,
of Village Mogra, Taluka Andheri,
Mumbai Suburban District,
Plot No.368/295, Shere-E-Punjab
Society, Mahakali Caves Road,
Andheri (East), Mumbai 400 093
3.Hilton Tower ‘D’ Wing Coop. Housing
Society Limited, CTS No.368/295
of Village Mogra, Taluka Andheri,
Mumbai Suburban District,
Plot No.368/295, Shere-E-Punjab
Society, Mahakali Caves Road,
Andheri (East), Mumbai 400 093
4.N.G. Builders and Developers,
A proprietorship firm through its
partner Mr. Narinder Gupta,
R.N.A. House, Veer Nariman Road,
1
ATUL
GANESH
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.05.07
11:50:15 +0530
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Fort, Mumbai – 400 023
5.Kulashree S.R.A. Coop. Housing Society
Limited, CTS No.368/295-A, Village-
Mogra, Gulshan Nagar, Andheri (East),
Mumbai 400 060
6.Kulashree Heights Coop. Housing
Society Limited, CTS No.368/295-A,
Village Mogra, Gulshan Nagar,
Andheri (East), Mumbai 400 060… Respondents
Mr. Vikramjit Garewal with Mr. Kush Shah i/by Mr.
Vikrant D. Shetty for the petitioner.
Ms. Aloka A. Nadkarni, AGP for respondent No.1-State.
Mr. Prasad B. Kulkarni with Mr. Suhas Ghorpade for
respondent Nos.2 and 3.
CORAM :AMIT BORKAR, J.
RESERVED ON :MAY 5, 2026.
PRONOUNCED ON:MAY 7, 2026
JUDGMENT:
1.By the present writ petition instituted under Articles 226 and
227 of the Constitution of India, the petitioner has assailed the
order dated 18 November 2025 passed by respondent No.1 in
Application No.71 of 2025, whereby unilateral deemed conveyance
has been granted in favour of respondent Nos.2 and 3 in respect of
the subject property.
2.The facts giving rise to the present proceedings, as pleaded
by the petitioner, may briefly be stated thus. The petitioner claims
to be the owner of land bearing Survey No.29 Hissa Nos.2 and 4,
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Survey No.30 Hissa No.1, Survey No.31, Survey No.32, Survey
No.33, Survey No.34, Survey No.35 Hissa No.1, Survey No.36
Hissa Nos.6 and 7, Survey No.37 Hissa No.1 and Survey No.43
situated at Village Mogra, South Salsette, Taluka Andheri,
Mumbai, admeasuring in aggregate about 2,74,132.76 sq. mtrs.
(hereinafter referred to as the “Larger Property”). It is the case of
the petitioner that by an Agreement dated 5 July 1985, respondent
No.4 was permitted to develop a portion of the Larger Property,
more particularly land bearing City Survey No.368/295A
admeasuring 4656 sq. mtrs. together with encroached land
admeasuring 298 sq. mtrs., aggregating to 4954 sq. mtrs.
(hereinafter referred to as the “Development Area”). Certain terms
and conditions of the said Agreement were subsequently modified
by a Supplemental Agreement dated 27 June 1986.
3.In furtherance of the aforesaid arrangement, the petitioner
on 27 June 1986 executed a Power of Attorney in favour of
respondent No.4. According to the petitioner, the scope of the said
Power of Attorney was limited in nature and merely authorized
respondent No.4 to create restricted leasehold rights in respect of
the Development Area. The petitioner has further contended that
several buildings belonging to different co-operative housing
societies exist on land bearing City Survey No.368/295A and no
independent bifurcation or subdivision of the land has at any point
of time been effected in respect of the buildings occupied by the
respective societies.
4.It appears that thereafter, on 27 May 1987, respondent No.4
obtained an Intimation of Disapproval (“IoD”) from the Municipal
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Corporation of Greater Mumbai, which subsequently came to be
amended on 26 November 1997. The petitioner has further placed
reliance upon an Agreement for Sale dated 23 November 1997
allegedly executed by respondent No.4 with a flat purchaser of
respondent No.2 in relation to Flat No.112, B Wing, Hilton Tower
(“AFS-1”). The said Agreement, inter alia, records that: (i) the
petitioner was the owner of an area admeasuring 6464.60 sq.
mtrs. forming part of Plot No.368/295 and constituting a portion
of the Larger Property; (ii) out of the said area, 4656.06 sq. mtrs.
was permitted to be developed, whereas the balance area was
reserved for a garden; (iii) respondent No.4, as promoter, was
proposing to construct additional floors by utilizing additional FSI
which may become available in respect of the Development Plan
Road or otherwise through the petitioner; (iv) respondent No.4
was obliged to transfer the property and structure only upon
completion and permission for construction of additional floors in
Hilton Tower; and (v) the purchasers expressly acknowledged
availability of further FSI and irrevocably consented to utilization
thereof by respondent No.4 without raising any objection in
relation to future construction activities.
5.The petitioner has further averred that on 30 June 2000,
respondent No.4 entered into another Agreement for Sale (“AFS-
2”) with a flat purchaser of respondent No.3 in respect of Flat
No.303 in D Wing, Hilton Tower, on substantially similar terms and
conditions. It is the specific case of the petitioner that it was
neither a party to the said Agreement nor had any knowledge
thereof at the relevant point of time. The petitioner has invited
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attention to the recital contained in AFS-2 to the effect that the
promoter was entitled to transfer and/or assign the benefit of
additional FSI, TDR or other developmental rights in respect of the
property in favour of third parties.
6.According to the petitioner, respondent Nos.2 and 3 came to
be independently constituted and registered as separate co-
operative housing societies sometime in the year 2005, allegedly in
breach of the terms governing the development arrangement and
without consent or participation of the petitioner. Nevertheless, the
petitioner contends that respondent Nos.2 and 3 continued to
remain members of the petitioner society and had, in fact, stepped
into the position earlier occupied by respondent No.4. In support
of the said contention, reliance is placed on the circumstance that
maintenance charges were regularly levied by the petitioner upon
respondent Nos.2 and 3 after their formation. It is the grievance of
the petitioner that respondent Nos.2 and 3 subsequently
discontinued payment of maintenance charges and simultaneously
asserted rights adverse to the petitioner by claiming entitlement to
conveyance of the property.
7.The record further indicates that on 9 August 2018, the
petitioner addressed a communication calling upon respondent
Nos.2 and 3 to co-operate with the survey authorities for
measurement and demarcation of the land in question. Under the
said communication, the petitioner reiterated its stand that it was
a plot owners’ society and continued to be the owner of the
Development Area, whereas respondent No.4 was merely an
allottee/member who had undertaken construction activity upon
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the said property.
8.Thereafter, by a communication dated 25 January 2019, the
petitioner called upon respondent Nos.2 and 3 to furnish copies of
the development agreement allegedly executed by respondent
No.4. According to the petitioner, despite repeated requests, the
said documents were not supplied. It is further stated that on 9
May 2019, the petitioner once again addressed a communication
to respondent Nos.2 and 3 alleging that they had obstructed entry
of the Government Surveyor into the premises and had refused to
permit measurement of the area occupied and consumed by the
respective societies.
9.The petitioner has further stated that on 22 February 2025,
respondent Nos.2 and 3, through their advocates, issued a notice
to the petitioner as well as respondent No.4 calling upon them to
furnish relevant documents for execution of conveyance, failing
which proceedings for deemed conveyance would be initiated
before respondent No.1. Thereafter, on 7 April 2025, respondent
Nos.2 and 3 obtained an Architect’s Certificate purporting to
certify the area allegedly attributable to them. The petitioner has
disputed the correctness of the said certificate on the ground that
the same does not account for the existence of multiple buildings
and several societies, including respondent Nos.5 and 6, situated
upon the larger layout. The petitioner further contends that the
proportionate benefit arising out of FSI advantage area does not
accrue to respondent Nos.2 and 3, but continues to vest with the
promoter and/or the petitioner in terms of the governing
agreements as well as applicable legal position. It is, therefore,
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contended that the FSI advantage area admeasuring 1951.66 sq.
mtrs. has been erroneously included in the conveyance granted in
favour of respondent Nos.2 and 3.
10.It is further the case of the petitioner that respondent Nos.2
and 3 have continuously defaulted in payment of maintenance
charges payable to the petitioner society. In that regard, a notice
dated 20 August 2020 was issued to respondent No.2 calling upon
it to clear outstanding dues. Thereafter, a further reminder notice
dated 26 March 2025 also came to be issued. According to the
petitioner, as on 26 March 2025, an aggregate amount of
Rs.61,29,746/- remained due and payable by respondent Nos.2
and 3 towards maintenance and other charges.
11.The petitioner has stated that in response to the
communication dated 26 March 2025, respondent No.2, by its
letter dated 11 April 2025, denied that it was a member of the
petitioner society and disputed the legality of the demands raised
by the petitioner. Thereafter, on 3 May 2025, respondent Nos.2
and 3 instituted proceedings before respondent No.1 seeking
unilateral deemed conveyance and claimed entitlement in the
following manner:
Party Land area claimed Proportionate FSI
benefit claimed
Respondent No.2 2761.24 sq. m. 1,448.30 sq. m.
Respondent No.3 959.66 sq. m. 503.36 sq. m.
Total 3,720.90 sq. m. 1,951.66 sq. m.
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12.The said application was opposed by the present petitioner,
who was arrayed as Opponent No.2 therein, as also by respondent
No.6, who was impleaded as Opponent No.4. Replies came to be
filed by the contesting parties and thereafter respondent Nos.2 and
3 filed rejoinders thereto. The parties were heard by respondent
No.1 on 22 September 2025 and written submissions were also
tendered on record. Upon conclusion of the proceedings, the
matter was reserved for orders and ultimately, by the impugned
order dated 18 November 2025, respondent No.1 allowed the
application and granted deemed conveyance in favour of
respondent Nos.2 and 3. Being aggrieved thereby, the petitioner
has invoked the writ jurisdiction of this Court.
13.Mr. Vikramjit Garewal, learned counsel appearing on behalf
of the petitioner, submitted that the Power of Attorney executed in
favour of the developer was of a limited nature and merely
authorized the developer to create leasehold rights in respect of
the subject property. According to him, the authority conferred
under the said document did not contemplate transfer of
ownership rights and, therefore, respondent No.2 society could not
have claimed absolute ownership or sought unilateral deemed
conveyance in respect of the property. Learned counsel further
submitted that mere execution of a Power of Attorney in favour of
the developer, particularly in absence of any independent
development agreement brought on record, would not ipso facto
render the petitioner a “promoter” within the meaning of the
provisions of the Maharashtra Ownership Flats Act.
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14.Inviting attention of the Court to the specific recitals
contained in the Power of Attorney, learned counsel for the
petitioner submitted that the authority granted to the developer
was confined only to execution of lease deeds pertaining to land
admeasuring 4954 sq. mtrs. He contended that there is no material
available on record to indicate that any monetary consideration
was paid by the developer to the petitioner under the alleged
development arrangement and, therefore, the essential attributes
necessary for treating the petitioner as a promoter are absent in
the present case. It was further submitted that respondent No.2, at
the highest, could only claim status as a member of the petitioner
society, considering that the petitioner is a tenant ownership co-
operative society. Proceeding on the said basis, learned counsel
argued that the Competent Authority committed manifest error in
directing grant of deemed conveyance in favour of respondent
No.2 by conferring ownership rights over the subject property.
15.Per contra, Mr. Prasad Kulkarni, learned counsel appearing
on behalf of respondent No.2, opposed the petition and supported
the impugned order. He submitted that under the Agreement dated
5 July 1985, the petitioner had expressly authorized the developer
to undertake development of the property and to utilize the FSI
available in relation thereto. He submitted that in furtherance of
the said arrangement, the petitioner had also executed a
comprehensive Power of Attorney in favour of the developer
empowering him to undertake various acts necessary for
implementation of the development project. Learned counsel
further submitted that by virtue of the Supplemental Agreement
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dated 27 June 1986, the original terms and conditions governing
the transaction were modified and the benefit of additional FSI
was also extended in favour of the developer. Learned counsel for
respondent No.2 further submitted that any alleged dispute inter
se between the petitioner as land owner, the developer, or third
parties, cannot constitute a valid or lawful ground for withholding
conveyance in favour of the flat purchasers’ organization.
According to him, all jurisdictional facts and statutory
requirements contemplated under Section 11 of the Maharashtra
Ownership Flats Act stood duly satisfied, including existence of
agreements executed under Section 4 and failure on the part of the
promoter to execute conveyance in favour of the society within the
prescribed period. He therefore submitted that the Competent
Authority rightly exercised powers under the statute and directed
grant of unilateral deemed conveyance in favour of respondent
No.2 society representing the flat purchasers. On the aforesaid
grounds, learned counsel prayed for dismissal of the writ petition.
REASONS AND ANALYSIS:
16.I have given my anxious consideration to the rival
submissions and gone through the record placed before this Court.
The issue which remains for determination is whether the
impugned order dated 18 November 2025 suffers from such
manifest illegality, want of jurisdiction, or perversity which would
invite interference in writ jurisdiction. On overall assessment, I am
unable to accept the challenge of the petitioner.
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17.The principal submission advanced on behalf of the
petitioner is founded upon the wording of the Power of Attorney
executed in favour of respondent No.4. According to the petitioner,
the authority granted under the said document was of a very
limited nature and merely enabled creation of leasehold rights in
respect of the development area. On that basis, it is contended that
respondent No.2 society could never claim ownership rights nor
seek unilateral deemed conveyance under the provisions of the
Maharashtra Ownership Flats Act.
18.It is well settled that while construing transactions arising
out of development projects, the Court cannot separate one
document from the chain of arrangements and treat it as
conclusive. The Power of Attorney cannot be lifted out from the
surrounding contracts and interpreted as though it exists in
isolation. The said document has to be read conjointly with the
original agreement dated 5 July 1985, the supplemental
agreement dated 27 June 1986, the subsequent agreements for
sale executed with flat purchasers, the permissions obtained from
the municipal authorities, the utilisation of FSI, and the long
subsequent conduct of parties extending over several years. If the
documents are read together, it becomes evident that the
transaction was not one of a mere lease arrangement. The material
on record indicates a development project where flats were
intended to be constructed and sold to purchasers through
respondent No.4 with the participation of the petitioner.
19.In matters arising under MOFA, the Court is required to
examine the substance rather than merely the nomenclature
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employed in documents. Parties may describe a transaction in one
form while their conduct and obligations may reveal a different
legal character altogether. If the argument of the petitioner is
accepted, every landowner would execute a carefully worded
Power of Attorney restricting expressions relating to ownership
and thereafter seek to avoid all obligations under the statute
despite having participated in the project. Such interpretation
would frustrate the object of the enactment which is intended to
protect flat purchasers and secure conveyance in favour of their
organization.
20.The judgments of this Court in Paramanand Builders LLP vs
Competent Authority & District Deputy Registrar,
2026 SCC
OnLine Bom 1522
and Nusli Neville Wadia vs Ijimima - Imitation
Jewellery Market Co-operative Society and Others,
2026 SCC
OnLine Bom 1520 have explained the width and amplitude of
Section 2(c) of MOFA in detail. The Legislature has employed
broad language while defining the expression “promoter”. The
provision does not confine itself merely to the person who
physically lays constructs the building with his own hands. The
definition expressly includes every person who “constructs or
causes to be constructed” a building for the purpose of sale of flats.
The words “causes to be constructed” are of significance. Those
words are inserted to cover situations where a landowner sets the
development project into motion by permitting development,
granting authority, making available land and FSI, and enabling
sale of flats to the public.
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21.In the present matter, the conduct of the petitioner
demonstrates active participation in the project. The petitioner
entered into the agreement dated 5 July 1985 permitting
development of the land. Thereafter, a supplemental agreement
extending and modifying rights came to be executed. The
petitioner also executed a Power of Attorney in favour of
respondent No.4 enabling the developer to undertake various acts
connected with the project. The sale agreements executed with flat
purchasers further disclose that the development was carried out
with reference to the rights flowing from the petitioner. Recitals
contained in those agreements refer to the ownership position of
the petitioner, the extent of development area, the proposed
utilisation of FSI, and future construction activities. They indicate
facilitation and authorisation of the development.
22.The petitioner also cannot overlook the practical reality that
the project was carried to completion, flats were sold to various
purchasers, societies came to be formed, and occupation continued
over a substantial length of time without any challenge at the
relevant stage. If truly the petitioner intended merely to permit
creation of temporary lease rights without attracting obligations
under MOFA, the record does not indicate any disclosure of such
restricted intention to the flat purchasers. The purchasers entered
the project believing that statutory rights under MOFA would
eventually mature in their favour. The Act cannot permit a
situation where after permitting construction and sale for decades,
the landowner turns around and asserts that the provisions
relating to conveyance never applied.
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23.The further submission advanced on behalf of the petitioner
is that there existed no development agreement and that no
material has been produced to demonstrate payment of monetary
consideration by the developer to the petitioner. According to the
petitioner, absence of these elements dis-entitles respondent No.2
from contending that the petitioner acted as promoter. This
argument also does not persuade the Court. Commercial
arrangements concerning development of immovable property are
not always reflected in a document carrying the title “development
agreement”. Very often, rights and obligations emerge
cumulatively from several documents, powers, permissions,
representations and subsequent conduct of parties.
24.Equally, consideration in development transactions cannot be
understood in a narrow sense as meaning only direct cash
payment capable of proof. Modern development arrangements
involve reciprocal commercial benefits which may take different
forms. The owner may permit use of land, grant authority to
exploit FSI potential, permit sale of flats or allow development
rights to be commercially utilised. Such benefits are also valuable
consideration. Therefore, absence of proof of cash payment cannot
destroy the character of the development arrangement.
25.In the present case, the material on record indicates that the
petitioner enabled respondent No.4 to exploit the development
potential of the property and to utilise the FSI connected
therewith. The agreements for sale executed in favour of
purchasers repeatedly refer to future FSI benefits and development
rights. The project itself could not have proceeded without the
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participation of the petitioner. Therefore, the argument that there
was no consideration or no formal development agreement
appears to be more technical than substantive.
26.It also requires to be noted that under MOFA the focus of the
statute is not confined to contractual disputes between the
landowner and developer. The statute is intended to safeguard flat
purchasers who enter projects based on representations held out to
them. Once flats are sold and purchasers invest their life savings
into the project, the obligations under the Act cannot be avoided
by raising technical pleas founded upon inter se arrangements
between the original parties.
27.The petitioner has further contended that respondent No.2
can at the highest be regarded only as a member of a tenant
ownership society. According to the petitioner, such status by itself
does not confer entitlement to seek ownership rights through
deemed conveyance proceedings. This submission also cannot be
accepted. A legal relationship may operate differently in different
statutory contexts. Merely because respondent No.2 may have
functioned in one sense as a member society within the provisions
of MCS Act, it does not automatically follow that statutory rights
under MOFA cease to exist.
28.The real inquiry before the Competent Authority was
whether flats were constructed and sold under a development
project facilitated by the petitioner and respondent No.4 and
whether the stage for statutory conveyance had arisen. On this
aspect, the record contains substantial material. Flat purchasers
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were inducted into occupation pursuant to agreements for sale.
Buildings were constructed and occupied. Respondent Nos.2 and 3
came to be formed as co-operative societies. Maintenance charges
were admittedly demanded by the petitioner from these societies
over a considerable period of time. Such conduct itself
demonstrates that the petitioner recognised the existence of
independent occupation and enjoyment flowing from the
development arrangement.
29.Significantly, the petitioner itself treated respondent Nos.2
and 3 as entities deriving rights through the project for several
years. The petitioner accepted their existence, issued maintenance
demands and dealt with them in a manner consistent with
occupation arising out of the development project. Once parties
have acted upon such arrangement over a prolonged period, the
petitioner cannot now contend that respondent No.2 is a complete
stranger lacking locus to seek conveyance.
30.In fact, if the submission of the petitioner is accepted in its
entirety, it would lead to anomalous consequences. Flat purchasers
who have occupied premises for decades, formed societies, paid
charges and managed the buildings would remain deprived of
conveyance merely because the original owner now chooses to
describe the arrangement as one conferring only lease rights. Such
interpretation would run contrary to the statutory purpose
underlying Section 11 of MOFA, which is intended to transfer
control and ownership to the organization of flat purchasers.
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31.Therefore, this Court is unable to accept the contention that
the petitioner had no promoter role whatsoever or that respondent
No.2 lacked entitlement to invoke the provisions relating to
deemed conveyance. The material on record sufficiently indicates
that the petitioner had enabled and facilitated the development
project and that the rights claimed by respondent No.2 arise
directly from the project which the petitioner itself permitted to
come into existence.
32.This Court exercising writ jurisdiction under Articles 226 and
227 cannot convert itself into an appellate authority examining
minute factual calculations relating to every square metre of FSI
consumption unless the determination is shown to be ex facie
arbitrary or perverse. Questions concerning exact area
calculations, proportional entitlement, overlapping claims and
technical planning aspects often involve disputed facts requiring
detailed evidence and expert assessment. Such exercise ordinarily
falls outside the limited scope of judicial review in writ
proceedings, particularly in matters arising from summary
proceedings under MOFA. The Court must also keep in mind that
the impugned order is not shown to be based on absence of
material. The Competent Authority had before it the agreements
for sale, the Architect’s Certificate, the sanctioned plans and the
rival submissions of parties. Merely because another view may also
be possible on factual computation does not justify interference
under writ jurisdiction. Judicial review is concerned more with
legality of the decision-making process rather than substitution of
factual conclusions unless such conclusions are unreasonable or
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unsupported by record. In the present matter, that high threshold
is not satisfied.
33.At this juncture, the judgment of the Supreme Court in
Arunkumar H. Shah v. Avon Arcade Premises Coop. Society Ltd.,
(2025) 7 SCC 249 assumes direct importance. The Supreme Court
has categorically held that proceedings under Section 11(3) are
summary in nature though the Competent Authority exercises
quasi judicial powers while deciding such applications. The
Supreme Court has clarified that while reasons are required to be
recorded, the Competent Authority cannot conclusively and finally
determine complicated questions of title in such proceedings. The
decision clearly recognizes that an order of deemed conveyance
does not close the doors of a civil court for parties asserting
independent rights.
34.The legal effect of the aforesaid pronouncement is that
while granting deemed conveyance, the Competent Authority is
not expected to resolve every disputed issue with the precision and
finality of a civil trial. The authority only examines whether the
statutory ingredients for conveyance are sufficiently established on
prima facie material. Therefore, the petitioner cannot insist that
unless every dispute relating to title, FSI, layout demarcation and
rights of third parties is conclusively adjudicated, the Competent
Authority should refrain from exercising jurisdiction altogether.
Such expectation would run contrary to the very nature of
proceedings contemplated under Section 11. The Supreme Court
has also specifically observed that writ courts should be slow in
interfering with orders granting deemed conveyance unless the
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impugned order suffers from manifest illegality. Even after deemed
conveyance is granted, parties aggrieved on questions of title or
extent continue to possess the remedy of instituting substantive
civil proceedings.
35.Applying the aforesaid principles to the facts of the present
case, this Court finds that the petitioner has raised disputes
concerning title, extent of entitlement, apportionment of FSI, effect
of multiple societies and consequences flowing from earlier
development arrangements. The impugned order cannot be said to
suffer from patent lack of jurisdiction, total absence of material, or
perversity of such degree as would shock judicial conscience. The
Competent Authority has considered the rival contentions,
examined the documents produced by parties and thereafter
recorded reasons while granting conveyance. The petitioner may
still pursue such independent remedies as may be available in law
if it believes that its proprietary or developmental rights are
adversely affected. But at the level of judicial review under Articles
226 and 227, this Court is unable to hold that the impugned order
is so manifestly illegal that it deserves to be annulled in exercise of
extraordinary writ jurisdiction.
36.I, therefore, hold that the petitioner has failed to make out a
case for interference with the impugned order. The challenge
based on the limited wording of the Power of Attorney is not
sufficient when the whole transaction is read together. The
challenge based on absence of separate development agreement or
direct consideration also fails. The challenge based on multiple
societies and the FSI advantage area raises issues which may
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require separate adjudication if so advised, but not writ
interference at this stage. The order passed by respondent No.1 is
supported by the material on record and by the legal position
settled in the decisions referred above.
37.In view of the aforesaid discussion and for the reasons
recorded hereinabove, the following order is passed:
(i) The writ petition stands dismissed;
(ii) The order dated 18 November 2025 passed by
respondent No.1 in Application No.71 of 2025 granting
deemed conveyance in favour of respondent Nos.2 and 3 is
upheld;
(iii) It is clarified that the observations made in the present
judgment are confined to adjudication of the challenge to the
impugned order passed under Section 11 of the Maharashtra
Ownership Flats Act and shall not be construed as a
determination of disputed questions of title, extent of
entitlement, inter se rights relating to FSI, or claims
concerning the larger layout property;
(iv) It is further clarified that respondent Nos.5 and 6, as
well as the petitioner and any other person claiming
independent rights in relation to the subject property, shall
be at liberty to institute appropriate substantive proceedings
before a competent civil forum for adjudication of their
respective claims in accordance with law;
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(v) Any such proceedings, if instituted, shall be decided on
their own merits and uninfluenced by any prima facie
observations made in the present judgment;
(vi) In the facts and circumstances of the case, there shall
be no order as to costs;
(vii) Pending interim applications, if any, stand disposed of
accordingly.
(AMIT BORKAR, J.)
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