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(xii) M/s. Rahul Enterprises v. Abineha Park Sahakari Gruha Rachana Samstha Maryadit, 2013 (1) All MR

756.

(xiii) Madhuvihar Coop. Housing Society vs. Jayantilal Investments, 2011 (1) Mh. L. J. 641;

(xiv) Jayantilal Investments vs. Madhuvihar Coop.

Housing Society, (2007) 9SCC 220.

11 I have recently dealt with the scheme and purpose of the MOFA Act in Writ Petition (Stamp) No. 17637 of 2014 - Tushar Jivram Chauhan and Anr. Vs. The State of Maharashtra and Ors.decided on 24 March 2015. The relevant paragraphs are as under :-

11 wp-11802-13.sxw "18 Considering the scheme of MOFA Act and specifically Sections 10 and 11 so read and referred by the parties, in the facts and circumstances, play important roles for transfer of property, based upon the agreement between the Promoter/Purchaser of the respective portion of the Flat/Property/plot/land. All the parties, therefore, are bound by the agreement/contract before applying for conveyance and/or deemed conveyance and/or unilateral conveyance of the agreed property. It is settled that the description of the property in all respect is essential factor before granting/permitting such transfer and/or for registered agreement and/or registered sale deed.

20 The Competent Authority, therefore, is required to consider the whole land project agreement between the parties, apart from the provisions of MOFA Act and also the provisions of Maharashtra Housing (Regulation and Development) Act, 2012 (for short, MHRD Act") which came into force on 8 July 2014, whereby Section 19 of the MHRD Act has been brought into force. The Application for the deemed conveyance was made on 30 May 2013 and decided on 13 November 2013. Therefore, no provisions of new MHRD Act was applicable, though it was placed on record, is the submission of one side, but resisted by other side. The provisions of MOFA Act are in force so also, certain provisions including Section 19 19 wp-11802-13.sxw of the MHRD Act. The other provisions, which brought into force are Sections 1, 18, 21, 22, 23, 36, 51 and 52 of MHRD Act. All these Sections and the scheme of new Act, therefore, needs to be read together.

23 Once the order is bad, so also the consequential action so initiated based upon the same. The right in the respective flats and/or building of the Society and the related beneath land and building, of common use of members, in any way, would not be disturbed, if the matter is remanded back for reconsideration. The right and interest in the property need to be in accordance with law, including the law of Transfer of Property Act , The Municipal laws and the Development Regulation and not only on the basis of MOFA Act, as sought to be contended and insisted by the learned counsel appearing for the Respondent-Society. We have to avoid further complications and to avoid situation, where the other Society and the condominium of the commercial units would not get the title to the land, but only to the structures and the FSI consumed, specifically when all the building constructions are on the whole land or in one single layout. The presence of local bodies including "the planning authority", "the Municipal Corporation and or Council" may be useful and be added as 22 wp-11802-13.sxw party.