20-wp-1262-2024.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1262 OF 2024
WITH
INTERIM APPLICATION NO.1189 OF 2024
SHABNOOR
AYUB
PATHAN
Digitally signed by
SHABNOOR AYUB
Shelter Construction Co. & Ors … Petitioners
PATHAN
Date: 2024.04.30
18:50:22 +0530
V/s.
Zubeda Park CHS Association Ltd … Respondent
Mr. Mahesh R. Joshi, for Petitioners.
Mrs. D. S. Deshmukh, AGP for State.
CORAM : AMIT BORKAR, J.
DATED : APRIL 30, 2024
P.C.:
1. The promotor is challenging an order passed by the
Competent Authority in exercise of power under Section 11(3) of
the Maharashtra Ownership of Flats Act, 1963 (“MOFA”) directing
confirmation of deemed conveyance in favour of society registered
by the purchasers.
2. According to the petitioner, the FSI available with the
petitioner prior to coming into existence of the association has
been transferred in favour of association. This point in no longer
res integra in view of judgment of Division Bench of this Court in
the case of Zainul Abedin Yusufali Massawala & Ors Vs.
Competent Authority, reported in (2016) SCC OnLine Bom 6028,
1
20-wp-1262-2024.doc
the Division Bench of this Court relying on its Single Bench
decision of this Court in the case of Mazda Construction Company
And Others Vs. Sultanabad Darshan CHS Ltd. And Others, reported
in (2012) SCC OnLine Bom 1266 held that the effect of
conferment of such deemed conveyance is to transfer the rights
available with the promoter in favour of association of purchasers.
If, according to the promoter to excess rights than the eligibility of
association are deemed to be conferred, the remedy of such
aggrieved person to institute civil suit for enforcement of such
rights. Therefore, keeping remedy of petitioner open of filing civil
suit for enforcement of his rights, no interference in the impugned
order is called for.
3. The writ petition is, therefore, dismissed.
4. In view of disposal of writ petition, the interim application
stands disposed of.
(AMIT BORKAR, J.)
2