YOGESH JAYANT KHADILKAR vs THE STATE OF MAHARASHTRA THR. PRIN. SECR. DETP. OF CO OPERATIVE SOCIETIES AND ORS

Judgment text excerpt

k 1/14 52 wp 13755.22 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13755 OF 2022 Yogesh Jayant Khadilkar ....Petitioner V/S The State of Maharashtra & Ors. ....Respondents _________ Mr. Rohit Joshi for Petitioner. Ms. Snehal S. Jadhav, AGP for Respondent Nos.1 and 2/State. Mr. Jamsheed Master a/w Mr. Bhutekar and Ms. Gargi Warunjikar for Respondent No.3. __________ CORAM: SANDEEP V. MARNE, J. DATE : 11 FEBRUARY 2025. Oral Judgment: 1. The Petition challenges order dated 31 March 2022 passed by the Competent Authority granting certificate of unilateral deemed conveyance of land and the building in favour of the Respondent No.3-Society. 2. I have heard Mr. Joshi, the learned counsel appearing for the Petitioner, whose main objection to the impugned order is conveyance of land and building in favour of the Society, whose building is yet to receive an occupancy certificate. He has relied upon Order passed by this Court in Janak Chimanlal Thacker & Ors. vs. Prathmesh Tower Premises Co-op. katkam Page No. 1 of 14 k 2/14 52 wp 13755.22 as.doc Housing Society Ltd. and others1 and Judgment in Tushar Jivram Chauhan & Anr. vs. The State of Maharashtra & Ors.2 in support of his contention that application under section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (the Act) cannot be entertained by the Competent Authority where the building is yet to receive occupancy certificate. In alternate, Mr. Joshi would contend that it was incumbent on the part of the Respondent-Society to atleast submit an undertaking/self-declaration as per the requirement of Government Resolution dated 22 June 2018 in respect of 'B' Wing Building, which admittedly does not have