Topic
Bombay High Court quashes a deemed conveyance certificate under MOFA, holding that summary proceedings cannot adjudicate disputes involving forged documents, rival claimants, or prior conveyances. Parties must now pursue civil suits for title declaration, reinforcing MOFA’s procedural limits in complex property disputes.
The Patna High Court has ruled that no administrative or writ court authority can order disconnection of essential utilities like electricity and water based solely on disputed possession. Only a civil court, after adjudicating title and possession, may declare occupancy unlawful - safeguarding fundamental rights under Article 21 and reinforcing the separation between civil remedies and writ jurisdiction.
Madhya Pradesh High Court reaffirms that writ petitions under Article 226 against private individuals are not maintainable unless civil remedies are exhausted. The court dismissed the petition seeking protection from illegal sand mining, directing the petitioner to pursue a civil suit for redressal of private rights violations.
Bombay High Court holds that MOFA Section 11(3) applies only when promoters fail to convey title, not for private disputes between flat purchasers. Clarifies jurisdictional limits.