Ariisto Realtors Private Limited Vs District Deputy Registrar (Bombay High Court)
The Bombay High Court considered a writ petition filed by a developer challenging the order dated 14 July 2025 of the District Deputy Registrar, Co-operative Societies, Mumbai City and Competent Authority granting a certificate of unilateral deemed conveyance under Section 11(3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) in favour of a cooperative housing society. The developer contended that the Competent Authority lacked jurisdiction to entertain the society’s second application for deemed conveyance after rejecting the first application on 10 March 2025 and argued that doing so amounted to an impermissible exercise of review. The developer also asserted rights to utilise additional FSI under the Development Agreement and alleged violation of natural justice.
The society submitted that the second application was filed pursuant to the liberty granted in the earlier order, that the building had been completed and had received a completion certificate, and that conveyance could not be indefinitely delayed on the basis of future additional FSI. The High Court examined the earlier order, the circumstances in which liberty to file a fresh application had been granted, and distinguished the facts from those in Faime Makers Pvt. Ltd. and B.K. Corporation, observing that no civil adjudication was required before filing the second application. The Court held that the Competent Authority had not exercised a power of review because it had granted liberty to file a fresh application and the second application was filed pursuant to that liberty after completion of construction.
