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Vijay Suraksha Realty Llp And Ors vs Chairman/Secretary, Building No.6 And ... on 9 February, 2026
cites
Article 227 in Constitution of India [Constitution]
Section 4 in The Gujarat Ownership Flats Act, 1973 [Entire Act]
The Gujarat Ownership Flats Act, 1973
The State Of Uttar Pradesh vs Sudhir Kumar Singh on 16 October, 2020
9. The petitioners strongly rely on the plea of violation of
natural justice. That contention must be tested on settled
principles. The law on this aspect now stands clarified by the
Supreme Court in State of U.P. v. Sudhir Kumar Singh, (2021) 19
SCC 706. The Supreme Court has explained that natural justice is
not a rigid formula. It is not a mechanical ritual. A mere allegation
of breach does not invalidate an order. The Court must examine
whether real prejudice has been caused. The test is not technical
non-compliance. The test is whether the party suffered actual
disadvantage. The Court is entitled to examine the record and
determine whether the outcome would have been different had a
fuller hearing been granted.
Mohd. Shafiq Khan & Ors. Etc vs Competent Authority & Ors. Etc on 27 November, 1987
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.
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