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1. certify under section 11(3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, that the Sultanabad Darshan Cooperative Housing Society Ltd., CTS No.356/16, Village : Oshiwara, Taluka : Andheri, Mumbai Suburban District, Jogeshwari (W), Mumbai 400102 are entitled and is a fit case to grant unilateral conveyance executed as deemed conveyance in their favour and to have it registered. Thus, it is entitled to have unilateral conveyance of land admeasuring 432.30 Square meters of land bearing CTS No.356/16 and proportionate area of gardening admeasuring 109.10 sq.mtrs. of sub-divided plot bearing CTS No.356/13 and proportionate area of access road admeasuring 150 sq.mtrs. of 30 feet wide of sub-divided plot bearing CTS 356/4 proposed road of a large piece of land admeasuring 14,682 sq.yrds. or 12,276 sq.mtrs. Village Oshiwara, Jogeshwari, Taluka Andheri, Mumbai Suburban District. The aggregate area to be conveyed to the applicant society is works out 691.40 sq.meters and the buildings constructed on the said land and is entitled to get the unilateral conveyance deed prepared and *4* wp.3912.12.901.sxw executed, as deemed conveyance and get it registered as provided under the Act.

(5) On submission by such society or as the case may be, the company or the association of apartment owners, to the Sub-Registrar or the concerned appropriate Registration Officer appointed under the Registration Act, 1908, the certificate issued by the Competent Authority along with the unilateral instrument of conveyance, the Sub-Registrar or the concerned appropriate Registration Officer shall, notwithstanding anything contained in the Registration Act, 1908, issue summons to the promoter to show cause why such unilateral instrument should not be registered as 'deemed conveyance' and after giving the promoter and the applicants a reasonable opportunity of being heard, may, on being satisfied that it was a fit case for unilateral conveyance, register that instrument as 'deemed conveyance'."

20 To my mind, reading of Sections 10 and 11 together with Section 5A would make it amply clear that what is to be performed by the Competent Authority is a duty and obligation which the promoter is to *23* wp.3912.12.901.sxw perform in law. That is to convey the title and execute the documents according to the agreement. If that is the duty which is to be performed by the promoter, but which he fails to perform, then, the Competent Authority steps in to fulfill it. That is a duty towards the flat purchasers and which duty cannot be avoided except at the cost and pains of legal proceedings including a criminal prosecution. In these circumstances and when sections 10 and 11 are read together and harmoniously with the preceding sections including those which contain the particulars of the agreement, then, it becomes absolutely clear that what has to be conveyed even by a deemed conveyance, which is an unilateral act and which enables the flat purchasers to acquire the Promoter's right, title and interest in the land and the building. Therefore, it cannot be said that an unilateral deemed conveyance conveys something more than what belongs to the Promoter. Section 11(1) provides for conveyance of Promoter's right, title and interest in the land and building as is clear from the words "his right, title and interest...." appearing therein. I am not in agreement with Mr.Samdani that there are no guidelines guiding and enabling the Competent Authority to grant a deemed conveyance and therefore, the powers are likely to be abused or exercised arbitrarily in every such case. There are inbuilt checks and safeguards inasmuch as what is to be issued is a certificate entitling a unilateral deemed conveyance. It is not a document which stands alone or is a distinct transaction. It is a grant or conveyance in terms of what the agreement between parties stipulates and provides for being conveyed to the flat purchasers. Therefore, the Applicant is permitted to apply to the Competent Authority u/s 11(3) and such application is to be accompanied by true copies of the registered agreements for sale executed by the Promoter with each individual member/ flat purchaser and other relevant *24* wp.3912.12.901.sxw documents. It is to further that and to insist on the promoters fulfilling their obligations within the prescribed period, but noticing that their failure has resulted in hardship to flat purchasers, that the Legislature has stepped in. To my mind, this is not a power which can be exercised by the Competent Authority in ignorance of or by brushing aside the earlier provisions and contents of the agreement with the flat purchasers. Equally, the Competent Authority has to take into consideration the contents of other relevant documents.

27 On issuance of certificate to the Sub-Registrar certifying that it is a fit case for enforcing unilateral execution of conveyance deed conveying the right, title and interest of the promoter in the land and building in favour of the applicant, as deemed conveyance, that sub- section (5) comes into play. It is to enable the persons or parties possessing a certificate and armed with the same to approach the Sub Registrar or the concerned Registration Officer under the Registration Act, 1908. Now, the unilateral instrument of conveyance together with the certificate being presented to the Sub Registrar, he shall issue a summons to the promoter to show cause why this unilateral instrument should not be registered as "deemed conveyance" and after giving a reasonable opportunity of being heard to the promoter and the applicants and on being satisfied that it is a fit case for unilateral conveyance, the Registration Officer may register that instrument as "deemed conveyance". There are inbuilt safeguards, checks and balances and it is not as if that any time such an application is made, the Competent Authority and thereafter, the Sub Registrar will proceed and grant reliefs or the requests in terms of these sub-sections. At every stage, the Legislature has been careful to provide for appropriate inquiries and opportunities so that the certificates should not be issued for the asking and equally when the Registration Officer is approached with the *30* wp.3912.12.901.sxw unilateral instrument of conveyance it would not be straightaway registered. In this regard, the term "unilateral" and its meaning in common parlance is extremely relevant. The word "Unilateral" means "One sided, performed by or affecting only one person, group or country". If it is understood thus, then, parties like the Petitioners need not have any apprehension and particularly of loosing and surrendering or taking away their legal rights. Equally, the word "deemed" means "regard or consider in a specified way". In Consolidated Coffee Ltd. v/s Coffee Board, Bangalore, reported in AIR 1980 SC 1468, the Honourable Supreme Court explained the term "deemed" as under:-