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23. The layout plan sanctioned by the Municipal Corporation on 16 February 2006 is placed on record at Exhibit-A. The common layout has amalgamated plots bearing CTS Nos. 677B/1 to 5, 653-A/1B/1, 2, 675B and 680 of Village-Malad. The said layout envisaged construction of seven buildings with several wings. The sanctioned layout contains inter-alia several recreational grounds as well as internal roads. For easy access to various buildings, a long 12 meter wide internal road is sanctioned in the said layout plan which connects all the buildings with Goregaon-Mulund Link Road.

F.4 PERMISSIBILITY FOR COMPETENT AUTHORITY TO CONSIDER DOCUMENT OF TITLE CREATING RIGHT NOT RECOGNISED UNDER AGREEMENT EXECUTED UNDER SECTION 4 OF MOFA

39. Turning back to the statutory framework of MOFA, the conveyance by the Promoter under sub-section (1) or unilateral deemed conveyance by the Competent Authority under sub-sections (3) and (4) of Section 11 is in respect of Promoter's right, title and interest in the land and building and the same has to be ' in accordance 8 March 2024 Neeta Sawant WPL-14346-2023-FC with the Agreement executed under Section 4'. The short issue that therefore arises is whether the right of way recognised by the Competent Authority in the certificate of unilateral deemed conveyance to the adjoining plot forms part of Agreement executed under Section 4 and in the event it does not form part of such agreement, whether it is open for the Competent Authority to take cognizance of something which does not form part of Section 4 Agreement. I have already reproduced the relevant covenants of the flat purchase agreement executed by Respondent No.13 under Section 4 of MOFA. I do not find any covenant in the Agreement which empowered Respondent No.13 to grant any right of way to the adjoining plot. Though Mr. Kanade and Mr. Joshi have placed reliance on Clauses-4 and 20 of the MOFA Agreement, I do not see any authority conferred on Respondent No.13 under those clauses to grant any right of way in respect of the said layout to the adjoining plot. Use of the words "the adjoining properties" in Clause-4 of the Agreement refers to the other buildings within the layout. The said words do not apply for development on plots not forming part of the layout. At the time of execution of the flat purchase Agreements, Respondent No.13 had undertaken development of several plots which have amalgamated into a common layout and Clause-4 of the Agreement authorised it to develop other plots within the layout by amending the layout as per the requirements. Clause-4 therefore cannot be read to mean an authorisation by the flat purchasers to the Promoter to sell any right, title and interest in respect of the layout to a third parties. Even if Clause-20 is taken into consideration, the same did not authorise Respondent No.13 to grant any right of way to the adjoining plot.

22. The property of such nature, where tenants are occupying the premises on same layout, their interest cannot be restricted in such fashion by giving/ granting deemed conveyance of the land even beneath their respective tenanted flat/ apartment. The common areas, utility/ facility of layout plot cannot be restricted for future, so also the undivided interest. The Competent Authority needs to consider all such related aspects/ interest of all, who occupied the portion of flat/apartment on the common layout/ plot, and at least must provide the reasons, if still wants to grant such unilateral conveyance.