Limits of Competent Authority's Power to Issue Corrigendum in Deemed Conveyance Certificates Under MOFA.
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Case: M/S BRIJ BUILDERS THROU. SANJAY SURENDRA SHARMA v. DEVENDRA CO-OP HSG SOCIETY LTD AND ORS
Court: Bombay High Court
Date: 15-07-2026
Law: Maharashtra Ownership Flats (Regulation of the promotion of Construction Sale Management and transfer) Act, Code of Civil Procedure, Constitution of India.
Highlights of the Judgment:
- Examination of the "functus officio" doctrine regarding the Competent Authority's jurisdiction under the Maharashtra Ownership Flats Act, 1963.
- Analysis of the legal distinction between clerical or arithmetical corrections and substantive adjudicatory modifications in property certificates.
- Interpretation of the scope of power to issue a corrigendum to a registered Certificate of Unilateral Deemed Conveyance.
- Application of principles analogous to Section 152 of the Code of Civil Procedure to administrative authorities.
- Discussion on the methodology for determining proportionate shares in Recreational Ground areas during building redevelopment.
- Judicial review of jurisdictional overreach by the District Deputy Registrar under Article 227 of the Constitution.