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MOFA Section 10

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The Bombay High Court has set aside the registration of a developer-backed co-operative housing society in a Baramati project, ruling that authorities acted illegally by bypassing a pending purchaser-led application under MOFA and creating a fait accompli.

Court Scraps Developer-Backed Society, Cites Illegal Short-Circuiting of Buyers’ Rights

The Bombay High Court has set aside the registration of a developer-backed co-operative housing society in a Baramati project, ruling that authorities acted illegally by bypassing a pending purchaser-led application under MOFA and creating a fait accompli.
In a landmark decision, the Bombay High Court has affirmed that once you buy land, get it registered, and take possession after due permissions, no authority can revoke the deal years later over unrelated old agreements – a huge boost for property buyers in Maharashtra.

Bombay High Court Shocker: Builder Can’t Form Two Societies in One Building

In a major ruling impacting mixed-use housing projects, the Bombay High Court has held that developers cannot form separate cooperative societies for residential and commercial units in the same building unless they are functionally and physically independent. The Court also declared the 2004 Maharashtra government circular permitting such practice as having no statutory force.