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The Bombay High Court has quashed a deemed conveyance granted to a cooperative housing society in Andheri, ruling that the competent authority under the Maharashtra Ownership Flats Act (MOFA) does not possess the power to review or alter its own final orders. The court held that a Deputy District Registrar exceeded statutory authority by revisiting and modifying an earlier conveyance order through a subsequent proceeding. The judgment reinforces the principle of legal finality in deemed conveyance matters and clarifies the limited powers available to authorities administering MOFA. Legal experts believe the ruling could influence future conveyance disputes by establishing clearer boundaries around administrative review powers in housing society and property ownership cases.
The Bombay High Court has set aside a deemed conveyance granted to a cooperative housing society in Andheri, holding that the competent authority under the Maharashtra Ownership Flats Act, 1963 (MOFA), lacks statutory power to review or reconsider its own final orders once they have been issued.
The ruling arose from a challenge to a deemed conveyance order issued by a Deputy District Registrar (DDR), who had subsequently revisited an earlier decision concerning the transfer of property rights to a housing society. The court observed that while MOFA empowers competent authorities to adjudicate applications for deemed conveyance, the legislation does not confer any power of review similar to that exercised by civil courts. As a result, the authority could not reopen or modify a concluded order through a subsequent proceeding.
In its judgment, the High Court emphasised that statutory authorities can exercise only those powers expressly granted under the law. Since MOFA does not provide a mechanism for reviewing a final conveyance order, any attempt to alter substantive findings after the conclusion of proceedings would be beyond jurisdiction. The court consequently quashed the impugned order.
The case centred on a dispute over ownership rights and the transfer of land and building interests to a cooperative housing society through the deemed conveyance mechanism. Introduced under MOFA, deemed conveyance enables housing societies to obtain legal title to land and buildings when developers fail to execute conveyance deeds within the prescribed period.
Over the years, deemed conveyance has become an important tool for cooperative housing societies across Maharashtra seeking clear ownership rights, particularly in redevelopment matters and disputes involving development potential. Several recent judgments of the Bombay High Court have reinforced the statutory obligation of developers to transfer property rights to eligible societies once projects are completed and occupancy certificates have been issued.
However, the latest ruling focuses not on the merits of conveyance itself but on the limits of administrative authority. The court noted that an error or disagreement with an earlier decision cannot justify a review unless the statute specifically provides such power. Any substantive challenge to a conveyance order must instead be pursued through the appropriate appellate or judicial forum.
Legal observers say the judgment reinforces the principle of finality in quasi-judicial proceedings and provides clarity for housing societies, developers and landowners involved in conveyance disputes. By defining the limits of review powers under MOFA, the court has underscored that competent authorities must operate strictly within the framework established by the legislation.
The ruling is expected to serve as an important reference point in future disputes concerning deemed conveyance proceedings, particularly where parties seek modification or reconsideration of previously issued orders.
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