Bombay High Court Upholds Unilateral Conveyance in Land Dispute
The Bombay High Court has upheld the unilateral conveyance of land in a Kharghar project
Real EstateConstructionMaharashtra Ownership Flats ActReal Estate Regulation And Development ActReal EstateMay 30, 2024
The Court referenced previous rulings, including ACME Enterprises vs. Deputy Registrar, Cooperative Societies and Mazda Construction Company & Others vs. Sultanabad Darshan CHS Ltd. & Others, to emphasize the limited role of the competent authority in granting deemed conveyance and the promoter's obligations to meet their conveyance responsibilities.
The Court's order upheld the Competent Authority's decision, granting unilateral deemed conveyance of the land, and noted that Balaji Corporation could pursue a civil suit if it considers that its rights were affected. This verdict underscores the legal responsibilities of promoters and the rights of flat purchasers under MOFA and the Real Estate (Regulation and Development) Act, 2016.
The dispute involved Balaji Corporation, a partnership firm, Delta Central Cooperative Housing Society, registered under the Maharashtra Cooperative Societies Act, 1960, CIDCO, a public sector undertaking, and the New Town Development Authority designated by the Government of Maharashtra. The project in question was the 'Delta Central' project, which included Wings A, B, C, and D.
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Frequently Asked Questions
What is the significance of the Bombay High Court's verdict in this land dispute?
The verdict upholds the unilateral conveyance of land in a Kharghar project emphasizing the legal responsibilities of promoters and the rights of flat purchasers under MOFA and RERA
What was the dispute about?
The dispute revolved around land conveyance in a Kharghar project with Balaji Corporation's delay in conveyance leading to conflict and prompting the Society to seek unilateral deemed conveyance
What are the implications of this verdict for promoters and flat purchasers?
The verdict underscores the legal responsibilities of promoters to meet their conveyance obligations and the rights of flat purchasers under MOFA and RERA
What previous rulings did the Court reference in its verdict?
The Court referenced ACME Enterprises vs Deputy Registrar Cooperative Societies and Mazda Construction Company & Others vs Sultanabad Darshan CHS Ltd & Others
What is the role of the Competent Authority in granting deemed conveyance?
The Competent Authority's role is to ensure that promoters meet their conveyance obligations and it can only convey what the promoter agreed to in the original agreement
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