MUMBAI, Feb. 27 -- In a detailed ruling that strengthens the rights of flat purchasers, the Bombay High Court has held that private commercial arrangements between a landowner and developer cannot override the statutory rights granted to buyers under the Maharashtra Ownership Flats Act (MOFA). The court was hearing three petitions, including one filed by industrialist Nusli Wadia, who owns the land on which Raheja Metroplex stands in Malad West. The petitions challenged a 2022 order granting "deemed conveyance" of 19,702 sq m of land to Imitation Jewellery Market Co-operative Society (IJMIMA), a commercial co-operative society of unit holders in the complex. Under MOFA, a promoter is legally required to transfer ownership of land and building to a co-operative society of flat purchasers within a prescribed time. If the promoter fails to do so, the society can approach the District Deputy Registrar (DDR), who can grant "deemed conveyance", a legal mechanism that transfers ownership to the society without the promoter's consent. In this case, the DDR in August 2022 granted deemed conveyance of 16,747.19 sq m of land along with a 2,955.39 sq m recreation ground, after finding that the society had met the legal requirements. Wadia and the developer argued that their original arrangement was lease-based. According to them, agreements between the landowner, project co-ordinator and developer only contemplated leasehold rights, not full ownership. They claimed that this understanding should limit what could be transferred to the society. However, the society pointed out that the registered sale agreements signed with individual purchasers under MOFA clearly referred to transfer of title in the land. The agreements also showed that 12% of the sale price was collected specifically as land consideration. Wadia himself had signed these agreements and received the land component. Justice Amit Borkar observed that once a promoter signs statutory agreements promising transfer of title and accepts payment towards land cost, the obligation to transfer ownership cannot be diluted by internal business arrangements between promoter entities....