By Staff Reporter
The Fact:
By this petition, exception is taken to the order dated 8th December, 2020 passed by the Competent Authority under Section 11(3) of MOFA in Deemed Conveyance Application No. 135 of 2020. By the impugned order, the Competent Authority has granted certificate for execution of unilateral deed of conveyance in respect of area admeasuring 9662.41 sq. mtrs. including the open space, club house and constructed built up area of 14034.88 sq. Mtrs.
Facts of the case are that the Respondent No.1-Society is part of larger layout admeasuring about 63840.59 sq. mtrs. situated at Mhalunge, Taluka- Mulshi, Pune-14. The Respondent No.1 who was the Applicant before the Competent Authority is a Society comprising of four buildings that is B1 to B4 known as Aldea Espanola Phase-II Cooperative Housing Society Ltd. An application came to be filed in the prescribed Form-VII under Rule 12 of the Rules of 1964 framed under MOFA by the Respondent No.1 seeking deemed conveyance in respect of land admeasuring 23028.16 sq. mtrs along with the constructed built up area of 14034.90 sq. mtrs. The impugned order records that public notice was issued on 7th October, 2020 in newspaper circulating in Pune, however, the Petitioner did not remain present for the hearing and therefore, the Competent Authority heard the Respondent No. 1 and proceeded to pass the impugned order.
In the absence of any contest to the proceedings, the Competent Authority has accepted the Architect’s Certificate and conveyed area of 9662.41 square meters. The Competent Authority is required to comply with the obligations of Promoter and to convey its right, title and interest in accordance with the Flat Purchaser’s agreement.
The Judgement:
The Competent Authority did not have the benefit of considering the rival contentions of the Petitioners based on the various clauses of the flat purchasers agreement. There was no contest to the Architect’s Certificate which has been accepted by the Competent Authority without any reason or findings to substantiate the grant of deemed certificate in respect of area admeasuring 9662.41 square meters. Considering the peculiar facts of the present case, in my view, the remit to the Competent Authority is necessitated for deciding the matter afresh after giving an opportunity to both the parties to place relevant material on record.
