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The Bombay High Court recently delivered a significant judgment in Flagship Infrastructure Limited addressing the applicability of Maharashtra Ownership of Flats Act (MOFA) provisions to deemed conveyance proceedings in township projects. This ruling examines whether traditional flat ownership regulations extend to large-scale residential developments and what implications this holds for property rights in integrated townships.
within Real Estate and Construction, International Law and Law Department Performance topic(s)
In this episode of Podcast Bites powered by IndiaLaw LLP, host Mubaraka Babbar discusses the Bombay High Court’s judgment in Flagship Infrastructure Limited and Another v. The Competent Authority and Another, delivered on 15 April 2025.
The judgment examines an important issue in Maharashtra real estate law: whether a developer can rely on township approvals, phased construction timelines, or permissions under the Maharashtra Regional and Town Planning Act, 1966 to delay conveyance in favour of a cooperative housing society under the Maharashtra Ownership Flats Act, 1963, commonly known as MOFA.
The Bombay High Court clarified that town planning permissions do not dilute the statutory protection available to flat purchasers under MOFA. The Court held that once the society is registered and statutory conditions are satisfied, the promoter’s obligation to convey title cannot be indefinitely postponed by relying on township completion timelines or private agreement clauses.
This episode explains the facts of the Blue Ridge township dispute, the scope of deemed conveyance under Section 11 of MOFA, the relevance of Rule 9 of the MOFA Rules, the interaction between MOFA, MRTP and RERA, and the Court’s approach to increased FSI disputes.
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