Azizulla Khan And Ors. vs State And Ors. on 6 September, 1990
11.
No. 3449/90
Rafiq Mohd v. State &Ors.
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Mohd. Shafiq Khan & Ors. Etc vs Competent Authority & Ors. Etc on 27 November, 1987
Sri P Nagaraju vs The Deputy Commissioner And Learned on 28 November, 2024
Learned Senior Counsel appearing for the
petitioner places reliance on the judgment of the High
Court of Madhya Pradesh in WP No.23917 of 2021
disposed of on 03.01.2022 in the case of Kanchan Bai
(D) through her legal representatives and Others
vs. Competent Authority and Others and in the case
of Anoop Agarwal vs. State of Madhya Pradesh And
Others in WP No.9395 of 2019 disposed of on
-7-
NC: 2024:KHC:48844
WP No. 10335 of 2024
C/W WP No. 10467 of 2024
06.11.2020 and argued that the Arbitrator has no
jurisdiction to remand the matter to the competent
authority for re-determination of compensation and
accordingly, sought for interference of this Court.
Sri P Nagaraju vs The Deputy Commissioner on 28 November, 2024
Learned Senior Counsel appearing for the
petitioner places reliance on the judgment of the High
Court of Madhya Pradesh in WP No.23917 of 2021
disposed of on 03.01.2022 in the case of Kanchan Bai
(D) through her legal representatives and Others
vs. Competent Authority and Others and in the case
of Anoop Agarwal vs. State of Madhya Pradesh And
Others in WP No.9395 of 2019 disposed of on
-7-
NC: 2024:KHC:48844
WP No. 10335 of 2024
C/W WP No. 10467 of 2024
06.11.2020 and argued that the Arbitrator has no
jurisdiction to remand the matter to the competent
authority for re-determination of compensation and
accordingly, sought for interference of this Court.
M/S.P.G.Mani & Others vs The Chief Commissioner Of Incometax
7. As held by the Apex Court in Hazi Anwar &
W.P.(C).26339/05
5
Others v. Competent Authority (252 ITR, 1)
interest under Section 234A, B & C is mandatory.
Vijay Suraksha Realty Llp And Ors vs Chairman/Secretary, Building No.6 And ... on 9 February, 2026
16. The nature and legal effect of an order passed under Section
11 of MOFA must be understood in its proper perspective. The
Division Bench of this Court in Zainul Abedin Yusufali Massawalla
7
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and others versus Competent Authority, 2016 SCC OnLine Bom
6028, has clearly explained that a deemed conveyance order
transfers only such right, title and interest as the promoter in fact
possesses. It does not create a higher or independent title. It does
not enlarge the rights of the society beyond what the promoter
himself lawfully holds.
Vijay Suraksha Realty Llp And Ors vs Chairman/Secretary, Building No.6 And ... on 9 February, 2026
16. The nature and legal effect of an order passed under Section
11 of MOFA must be understood in its proper perspective. The
Division Bench of this Court in Zainul Abedin Yusufali Massawalla
7
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55-wp10985-2022 with ia10714-2024.doc
and others versus Competent Authority, 2016 SCC OnLine Bom
6028, has clearly explained that a deemed conveyance order
transfers only such right, title and interest as the promoter in fact
possesses. It does not create a higher or independent title. It does
not enlarge the rights of the society beyond what the promoter
himself lawfully holds.
Vijay Suraksha Realty Llp And Ors vs Chairman/Secretary, Building No.6 And ... on 9 February, 2026
16. The nature and legal effect of an order passed under Section
11 of MOFA must be understood in its proper perspective. The
Division Bench of this Court in Zainul Abedin Yusufali Massawalla
7
::: Uploaded on - 11/02/2026 ::: Downloaded on - 11/02/2026 20:33:10 :::
55-wp10985-2022 with ia10714-2024.doc
and others versus Competent Authority, 2016 SCC OnLine Bom
6028, has clearly explained that a deemed conveyance order
transfers only such right, title and interest as the promoter in fact
possesses. It does not create a higher or independent title. It does
not enlarge the rights of the society beyond what the promoter
himself lawfully holds.
1