V. P. Patel and Brothers v. Laxmi Complex Commercial Premises Coop. Society Ltd. 2025 INSC 1437 - Art. 227 Constitution
Constitution of India - Article 227 - High Court refused to interfere with the order of ‘unilateral deemed conveyance’ issued by the Competent Authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act - Dismissing SLP, SC observed: once the procedure is found proper there cannot be a judicial review on the merits, which also has not been effectively pleaded. (Para 7)
Case Info
- Case name: M/s V. P. Patel and Brothers v. Laxmi Complex Commercial Premises Coop. Society Ltd. & Ors.
- Neutral citation: 2025 INSC 1437
- Coram: Ahsanuddin Amanullah, J.; K. Vinod Chandran, J.
- Judgment date: December 10, 2025
- Disposition: Special Leave Petition (C) No. 8594 of 2025 rejected; pending applications disposed.
Statutes/Laws referred
- Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA)
- Section 11(3): Application for certificate enabling unilateral deemed conveyance.
- Section 11(4): Inquiry after giving reasonable opportunity of hearing.
- Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964
- Rule 9: Time for conveyance by the promoter (four months from society registration or possession, as applicable); service of notice by registered post acknowledgment due/certificate of posting; permissibility of substituted service by publication when postal service fails.
- Maharashtra Apartment Ownership Act, 1970 (referenced in context of declaration and conveyance timelines).
- Constitution of India
- Article 227: Supervisory jurisdiction invoked before the High Court (writ petition).