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4. As there was non compliance of Section 11 of MOFA by the Respondent No2, an application was preferred by the Petitioner- Society under Section 11(3) of the MOFA in the year 2016 seeking issuance of certificate of unilateral conveyance of land admeasuring 1643.79 sqr.mtrs alongwith the building standing thereon. Along with application for conveyance the Architect certificate was annexed giving the statement of the plot area and the FSI etc. which reads thus:

"THIS IS TO CERTIFY THAT CONSTRUCTION OF BUILDING RUNWAL PARADISE A CO-OP HOUSING SOCIETY LTD. ON PLOT SITUATED AT SURVEY NO.88/1 KOTHRUD PUNE-PAUD ROAD, TALUKA HAVELI, DISTRICT PUNE THE ABOVE SAID BUILDING REVISED PLANS ARE APPROVED BY PUNE MUNICIPAL CORPORATION VIDE COMMENCEMENT CERTIFICATE NO.4001, DATED 14/01/2001.

IMPUGNED ORDER DATED 26TH MAY, 2017:

6. The relevant conclusions arrived at by the Competent Authority appointed under Section 5A of MOFA can be broadly summarized as under:

(a) Petitioner is duly registered Society comprising of 31 residential flats as per the sanctioned plan.
(b) Respondent No.1 has committed default in complying with its obligation to convey the land and building in according with Rule 9.

(c ) As per revised layout sanctioned on 13th January, 2017, it will be appropriate to convey to the Petitioner land admeasuring 1103.55 square meters and 1627.78 square meters built up area alongwith proportionate share in the open space, internal roads and club house.

10 of 23 wp1334-21f the Respondent No.2, who then executed flat purchasers agreements with the individual flat purchasers of the Petitioner-society.

12. Before proceeding further, it would be profitable to take a look at the statutory scheme of Section 11 of MOFA. Section 11 of MOFA casts an obligation upon the Promoter to take all necessary steps to complete his title and convey to the organisation of person, who takes flats, which are registered either as cooperative society or company or association of apartments, his right, title and interest in the land and building by executing a document in that regard in accordance with the agreements executed under Section 4 of the MOFA.

15. The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964 (for short, "Rules of 1964") have been framed in exercise of the powers conferred under Section 15 of MOFA. Rule 5 prescribe the particulars to be contained in the agreement which is required to be in accordance with Form V. Clause 13 of Form V which is the model Agreement provides for the covenant as to the conveyance which reads thus:

13 of 23 wp1334-21f "13. Unless it is otherwise agreed to by and between the parties hereto the Promoter shall, within four months of registration of the Society or Limited Company, as aforesaid cause to be transferred to the Society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the aliquot part of the said land together with the building/s by obtaining/ or executing the necessary conveyance/and or assignment of lease of the said land (or to the extent as may be permitted by the authorities) and the said building in favour of such Society or Limited Company, as the case may be such conveyance/assignment of lease shall be in keeping with the terms and provisions of this Agreement."