TaxTMI 
TaxTMI 
2026 (1) TMI 1643
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....e impugned order confirms deemed conveyance in favour of the respondent Nos. 2 to 12. 2. The petitioner has raised multiple grievances. One grievance relates to the internal roads. The petitioner refers to clause M of the agreement executed between the developer and the flat purchasers. Under this clause, the purchasers agreed that amenity spaces, open spaces, and internal roads shall remain with the owner developer permanently. The petitioner states that the Competent Authority has excluded open spaces and amenity spaces accordingly. However, the Competent Authority has granted deemed conveyance for the internal roads. The petitioner submits that this results in transferring common areas to the respondent federation, which is not p....
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....e, whether a particular portion of land constitutes a common area for the purpose of conveyance depends on facts. These factual aspects cannot be conclusively determined in writ proceedings. 4. The Division Bench of this Court in Zainul Abedin Yusufali Massawala and others versus Competent Authority (2016 SCC OnLine Bom 6028) has explained the nature and effect of an order under Section 11 of the MOFA Act. The Court has held that such an order results in conveyance of only those rights which the promoter actually holds in the land and building. If the promoter considers that the order conveys a larger extent of land or rights than what the purchasers are entitled to, the proper course is to institute a civil suit. The civil court will ha....
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.... the MOFA Act has a limited mandate. The Authority examines the registered agreements, sanctioned plans, and related records. It ensures that the conveyance is executed in accordance with the statutory scheme. It does not adjudicate upon complex disputes concerning title. It does not decide whether the society has claimed more land than what it can legitimately claim. It does not settle ownership disputes between rival claimants. These questions fall within the domain of the civil court. Hence, if the petitioners believe that respondent No. 2 to 12 have claimed more land than what they are entitled to, the appropriate remedy is to institute civil proceedings rather than invoke writ jurisdiction under Article 226. 7. For these reason....
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....laim enforcement mechanism. It is an exercise of statutory power to perfect title in favour of an organization of purchasers. Under the logic of Anudan Properties, statutory rights of third parties and statutory duties of authorities continue despite insolvency or moratorium. 10. Second, the argument that the moratorium or the resolution plan extinguishes factual defaults or immunizes the promoter from consequences cannot be accepted. Anudan Properties holds that a resolution plan may extinguish monetary claims but it does not erase past defaults. It does not prevent statutory regulators from acting in public interest. The MOFA framework creates statutory contracts under Section 4. The obligation to convey title is part of that statutory....