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Judgment: The Petitioner-Developer has challenged the Order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societies-3, Mumbai and Competent Authority (Competent Authority) under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) granting unilateral deemed conveyance in respect of the land admeasuring 21,736 sq. mtrs together with buildings standing thereon in favour of Respondent Nos.1 to 3-Societies. FACTS 2) Petitioner is a developer claiming rights in respect of the land situated at CTS No. 69/6 (PT) and CTS No.35 of Village-Vile Parle admeasuring 26,000 sq.yards equivalent to 21,736 sq.mtrs. (subject land) Petitioner undertook construction of 10 buildings bearing Nos. A to H, J and K on the subject land. After surrendering of land required for 44 feet D.P. road forming part of the subject land, Petitioner secured extra FSI and has also constructed buildings L and M on the subject land. Petitioner also proposed construction of Buildings Nos. N and P on the basis of additional FSI out of surrendered land for DP road. However, on account of dispute relating to exact area of surrendered land for D.P. road, Petitioner has not yet been able to construct Building Nos. N and P on the subject land Kalpita Enclave CHSL (Respondent No.1) is formed by flat purchasers of 10 buildings namely A to H, J and K. Respondent No.1- Society was opposed to construction of Buildings Nos. L, M, N and P by the Petitioner-Developer and accordingly instituted S.C. Suit No. 3226 of 1985 before the City Civil Court, Bombay and claimed conveyance of entire land admeasuring 21,736 sq.mtrs. By judgment and decree dated 7 November 1997, the City Civil Court directed conveyance of only land appurtenant of buildings Nos. A to H, J and K in favour of Respondent No.1- Society. Respondent No.1-Society filed First Appeal No. 1091 of 2000 before this Court, which was admitted. In the meantime, construction of Building Nos. L and M also got completed. The Occupiers of flats of Building No. ‘L’ formed Kalpita Enclave Building No. L CHSL (Respondent No.2). Similarly, occupiers of flats in Building No. ‘M’ formed Kalpita Enclave Building No. M CHSL (Respondent No. 3). Respondent No.1-Society withdrew First Appeal No. 1091 of 2000 on 16 September 2016 expressing intention to apply for deemed conveyance.
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