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Purchase of flats in buildings on MMRDA land does not grant buyers to statutory entitlements under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act (MOFA), 1963, such as conveyance of land in the ownership sense or a right in the form of a sub-lease from the lessee of the Authority, the Bombay high court recently held. The HC held that the MMRDA Act, 1974, expressly excludes the applicability of MOFA from lands belonging to or vested in the authority. The MMRDA has the r ight to consider and permit whether sub-lease, if any, is to be granted and on what terms, and the provisions of MOFA would not apply to it, ruled a bench of Justices Shahrukh Kathawalla and Milind Jadhav on March 17.

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