- Case
- M/S FAIME MAKERS PVT. LTD. v. DISTRICT DEPUTY REGISTRAR (Supreme Court of India, 01-04-2025)
- Law
- Maharashtra Ownership Flats (Regulation of the promotion of Construction Sale Management and transfer) Act.
The Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963: The judgment discusses Section 5/11 of the Act, in the context of an application filed by Prakash Apartment Co-operative Housing Society Limited (respondent No.2-Society). The competent authority had allowed Application No. 101 of 2021 under this section, directing the execution and registration of a unilateral deed of assignment. The appellant argued that no benefit could be extended to the respondent No.2-Society under Section 11 of the 1963 Act due to the builder's inaction in transferring ownership rights. The appellant also argued against the application of Section 11 because the constructions were unauthorized and lacked a commencement certificate. The respondent No.2-Society applied for a Unilateral Certificate of Deemed Conveyance under Section 11 of the 1963 Act. The appellant argued that the application No. 101 of 2021, filed by respondent No.2-Society under Section 11 of the 1963 Act, deserves to be rejected.
General Principles of Law: The judgment extensively discusses the principle of res judicata and its applicability to quasi-judicial authorities. It cites Ujjam Bai vs. State of U.P. and Abdul Kuddus vs. Union of India and others, emphasizing that findings of a judicial or quasi-judicial tribunal are binding unless reversed in appeal or revision. The judgment states, "It has been settled by this Court that the principle of res judicata applies to and binds quasi-judicial authorities." The appellant argued that the second application was barred by the principle of res judicata. The court also discusses the nature of a Competent Authority as a quasi-judicial body and its limited power of review.
