Scope of Competent Authority in Unilateral Deemed Conveyance and Proportionate Land Division under MOFA
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Case: NITIN NAGARJI MEHTA v. SHREE SIDDHI CHSL AND ORS
Court: Bombay High Court
Date: 28-07-2026
Law: Maharashtra Ownership Flats (Regulation of the promotion of Construction Sale Management and transfer) Act, Transfer of Property Act.
Highlights of the Judgment:
- Examination of the scope of jurisdiction of the Competent Authority under Section 11 of the MOFA, 1963, regarding unilateral deemed conveyance.
- Interpretation of whether land conveyance must strictly follow Section 4 agreements or reflect layout development and amalgamated plots.
- Application of Section 16 of MOFA establishing that statutory provisions override contrary contractual stipulations in flat purchase agreements.
- Analysis of proportionate land division based on built-up area and sanctioned layout plans under government resolutions.
- Evaluation of developer obligations to execute timely conveyance within statutory timelines without exploiting unconveyed land for subsequent FSI benefits.