Decided on October 06,2016

Chetan Constructions, Aurangabad And Another Appellant
State Of Maharastra And Others Respondents


T.V. Nalawade, J. - (1.) The first proceeding is field to challenge the order made by the competent authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as "the Act of 1963 ") by which a direction is given to register a cooperative housing society of the flat owners. The other proceeding is filed to challenge the order made by the competent authority to issue certificate in favour of the flat owners and their cooperative housing society of deemed conveyance under the provisions of section 11(4) of the Act of 1963. The first proceeding is filed by the owners and developers of the property and the second proceeding is filed by the developer and few flat owners of the developed premises. Both the sides are heard.
(2.) M/s Chetan Constructions has developed the property which is situated in Aurangabad city. There are 44 flats which include few shops. It is the case of the petitioners of the first proceeding that declaration was executed under section 2 of the Maharashtra Apartment Ownership Act, 1970 ( "Apartment Act, 1970 ") and it was registered on 31-8-2001 by the developers and the flats were sold after such declaration. It is also contended that in each transaction a mention was made that association of the apartment owners was to be formed under the Apartment Act, 1970. It is contended that due to such declaration it was not open to the flat owners to go for registration of cooperative housing society under the provisions of the Act of 1963.
(3.) It is the contention of the petitioners that on 12-4-2015 a meeting of the unit holders of the building was held and they took the decision to form a housing society. Respondent No.1 of the petition is the Chief Promoter of the society. It is contended that majority of the unit holders approached the developer and they submitted that they wanted to register association of flat owners under the Apartment Act, 1970 and they did not want to form a housing society. It is contended that due to the request made by the majority of the unit holders, the owner, developer executed a deed of conveyance in favour of the said association (condominium). It is contended that intimation of formation of said association and execution of conveyance document was then given to the competent authority constituted under Apartment Act 1970.;

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