Bombay High Court holds that Section 11 of MOFA only addresses promoter's failure to convey title; rival ownership claims must be resolved in civil court, not writ jurisdiction.
Bombay High Court quashes bifurcation and deemed conveyance orders for violating natural justice, statutory procedure under MCS Act, and lack of hearing to existing society.
Bombay High Court holds that under MOFA, a promoter must convey the entire plot described in the agreement, not just the land under the new building, if contractual terms and statutory duty require it.
Bombay High Court holds that disputes over land extent, common areas, or ownership in deemed conveyance proceedings must be resolved in civil court, not writ jurisdiction.
Bombay High Court clarifies that Competent Authority under MOFA cannot adjudicate FSI/TDR disputes; petitioners must pursue civil remedies for development rights.