Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 – ss.5, 11 – The respondent No.2-Society applied for a Unilateral Certificate of Deemed Conveyance – By an order dated 22.02.2021, the Competent Authority dismissed the respondent No.2-Society’s application, observing that the Society was eligible to seek the relief of unilateral conveyance of assignment of leasehold rights – The application was also rejected due to legal uncertainties and complications regarding the identity of the land’s promoter and on account of transfers – The order directed that the parties should first seek appropriate relief from a competent Civil Court, following which the Society was granted liberty to file a fresh application – This order attained finality – Respondent no. 2-Society did not approach the Civil Court – Instead filed an application seeking a Unilateral Assignment of Leasehold Rights – This time, the Competent Authority allowed the application vide order dated 05.10.2021 – Writ petition filed by the appellant was dismissed by the High Court – Correctness: Held: There was no unconditional liberty granted to respondent No.2-Society to apply for the unilateral assignment of leasehold rights – The order dated 22.02.2021 is very clear that complications had arisen because of various transactions inter se parties at different points of time – A plain reading of the findings of the Competent Authority in its order dated 22.02.2021 leaves no manner of doubt that respondent No.2- Society could approach the Competent Authority afresh for the unilateral assignment of leasehold rights only after getting the complications sorted out before the appropriate Court – The order clearly indicates that the competent authority could not grant leasehold rights under the existing set of facts until and unless the complications were sorted out – There is no explanation from the side of respondent No.2-Society with respect to the above findings of the Competent Authority recorded in the order dated 22.02.2021, as to why the same was not challenged before a superior forum – Once the said order has been accepted by the parties and has attained finality, the Competent Authority would not have jurisdiction to entertain a second application contrary to the findings and directions given by the Competent Authority in the first order – It has been settled by this Court that the principle of res judicata applies to and binds quasi-judicial authorities – Once a Competent Authority (quasijudicial in nature) settles an issue, that determination attains finality unless it is set aside in accordance with law – Therefore, impugned order is set-aside – Order dated 05.10.2021 is quashed. [Paras 7, 9, 10, 11, 13, 16]
Principle of res judicata – Binds quasi-judicial authorities – Discussed. [Paras 11, 12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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