above, it is the owners, who had obtained the IOD and commencement
certificate from the MCGM and it is through the medium of the
Respondent No. 1 that they have commenced and completed the
construction. Therefore, in terms of Section 2(c) of the MOFA, which
takes within its sweep the person who has caused the construction to be
the Promoter, the owners can be said to be the Promoters, as they have
admittedly caused the construction. It is therefore their obligation to
see to it that the Society is conveyed what it is entitled to in terms of the
agreement entered into with the flat purchasers by the Respondent No.
1, which, in the instant case is the right to get a lease in its favour. In
my view, since the owners having abdicated their obligation under the
MOFA of conveying the property to the Society, the Competent
Authority has rightly intervened in the matter by passing the impugned
order. In my view, the impugned order granting the deemed
conveyance has therefore to be construed in the context of the rights
the Developer had i.e. the right to get a lease from the owners. Hence,
the impugned order cannot be faulted with on the ground that the
operative part of the order is vague or ambiguous.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9116 OF 2013
Farhat Coop Housing Society Ltd
versus
M/s. Malkani Enterprises
CORAM : R. M. SAVANT, J.
Pronounced on : SEPTEMBER 23, 2014
Citation;2016(3) ALLMR210
