Court orders conveyance of 3,635.4 square meters land to be granted despite pending lawsuits over construction irregularities.
In a significant ruling, the Bombay High Court has set aside the previous order of the Competent Authority, granting deemed conveyance to Quantum Park Cooperative Housing Society Limited. The decision, delivered by Justice Amit Borkar, mandates that the society is entitled to the unilateral deemed conveyance of a land parcel measuring 3,635.4 square meters, along with the buildings known as Quantum Park Wings A and B, located in Bandra Danda, Khar West, Mumbai.
The society's application for conveyance was initially rejected by the Competent Authority on grounds that the area sought exceeded the entitlement and that there were ongoing civil suits regarding construction irregularities. The Authority had suggested that the society could reapply after the resolution of these suits.
However, the High Court found the Authority's reasoning flawed. It emphasized that the pending civil disputes over construction irregularities and Floor Space Index (FSI) misuse do not bar the statutory entitlement for a deemed conveyance. The court observed that the Competent Authority should have reconciled the records to determine the correct area for conveyance based on existing survey and subdivision records.
Justice Borkar noted that the society had prima facie established its entitlement to the specific parcel of land through documentary evidence, including agreements for sale and registered sale deeds. The court highlighted that the Competent Authority failed to differentiate between the society's entitlement to the land parcel and the disputes related to construction deviations, which are separate issues subject to civil adjudication.
The judgment underscores the distinction between disputes over land ownership and those concerning construction practices. The court clarified that an order for deemed conveyance does not validate unauthorized construction nor does it adjudicate on the legality of floors; rather, it transfers the promoter's right, title, and interest in the land and building to the society, preserving existing rights and liabilities.
The ruling directs the Competent Authority to issue the certificate of deemed conveyance within four weeks, while keeping all rights and contentions in the pending suits open. This decision reaffirms the protective intent of the Maharashtra Ownership Flats Act, ensuring that flat purchasers are not indefinitely deprived of their rightful conveyance due to unrelated construction disputes.
Bottom Line:
Maharashtra Ownership Flats Act, 1963 - Deemed conveyance under Section 11 - Pendency of civil suits concerning construction irregularities or FSI misuse does not bar statutory entitlement to conveyance of land and buildings, subject to preservation of rights in pending suits.
Statutory provision(s): Maharashtra Ownership Flats Act, 1963, Section 11; Constitution of India, Article 227
Quantum Park Cooperative Housing Society Limited v. AHCL-PEL, (Bombay) : Law Finder Doc id # 2857482
