- (1.)Rule. Rule is made returnable forthwith.
(2.)The petitioner takes explain to an order dtd. 3/4/2017 passed by respondent No.4 rejecting unilateral deemed conveyance under Sec. 11 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ("MOFA ACT") in respect of plot of land bearing Tika No.5, C.T.S. Nos.48, 49, 50 and 51 ad-measuring about 2785.12 square meters, situated at Tukaram Mahadik Road, Kharkar Ali, Thane (West).
(3.)The facts relevant to the adjudication of the issue involved are as under:
The petitioner is a Cooperative Housing Society registered under the provisions of the Maharashtra Cooperative Societies Act, 1960. The petitioner/society is in possession of the plot of land described above. The land consists of building 'A' comprising of ground + 8 floors containing 32 residential flats/units and 6 offices. Building 'B' consists of ground + 2 floors, having 12 flats/ units and bungalows Nos.1 and 2. Respondent Nos.1 and 2 entered into an agreement to sell with purchasers as per Sec. 4 of MOFA Act. However, failed to execute conveyance in favour of the petitioner/society within the agreed/decided time. The petitioner/ society, therefore, on 31/5/2013 filed an application for a grant of unilateral deemed conveyance under Sec. 11 of MOFA Act. The petitioner filed a sample copy of the agreement for sale and produced a list of bona fide members of the petitioner/society along with details of stamp duty and registration fees. Respondent Nos.1 and 2 (promoters) submitted their no objection/consent for the grant of deemed conveyance in favour of the petitioner by communication dtd. 14/12/2013. However, respondent No.3 claiming to be the owner objected to the grant of a certificate of deemed conveyance in favour of the petitioner.