Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction

Order Date: 21 September 2026

Case Overview

  • Petitioner: Beau Monde Plot No.1 Co‑operative Housing Society Ltd (represented by Mr. Rajesh Patel) filed Writ Petition No. 9139 of 2026 challenging the order dated 6 March 2025 of the District Deputy Registrar, Co‑operative Societies, Mumbai City, which had rejected Application No. 159 of 2024 for deemed conveyance of its proportionate share in the layout land and building.
  • Respondents: (1) District Deputy Registrar, (2) M/s. The Modern Construction Co. Ltd, (3) E.M.C.C. CHS Ltd, (4) M/s. Brahma Kshtriya CHS Ltd. Counsel for petitioner: Mr. Jash Gandhi; counsel for Respondent 3: Mr. Ramchandran Narayanan; AGP for the State: Ms. Savita Prabhune.
  • Historical background: In 1970‑71 the developer (Respondent 2) sold Plot 3 (3224.69 sq m) and Plot 2 (3315.31 sq m) to flat purchasers who formed Respondent 3‑Society, which obtained conveyance of Plots 2 and 3 on 31 March 1971. A Package Deal Agreement dated 25 September 1970 gave Respondent 2 the right to construct a building on Plot 1 (1219 sq m) and sell flats, with the condition that purchasers become members of Respondent 3‑Society. The building on Plot 1 was later managed by an ad‑hoc committee; on 4 December 2008 the flat purchasers registered a separate society – the Petitioner.
  • The petitioner applied for deemed conveyance on 3 July 2024; the Competent Authority rejected it on several grounds (non‑compliance with GR 22 June 2018, lack of documents, unregistered agreement, land‑area disputes, integration with an electricity sub‑station, etc.).
  • Respondent 3‑Society argued that the original agreement required flat purchasers to become its members and that it alone was entitled to the land; it also questioned the petitioner’s claim of 2139.14 sq m (greater than Plot 1’s 1219 sq m).
  • The Court examined the common layout plan sanctioned on 14 December 1971 for Plots 1, 2 and 3, the proportionate‑share methodology under GR 22 June 2018, and an architect’s certificate dated 27 June 2024 which calculated the petitioner’s share as 24.45 % of the total BUA (8632.77 sq m), resulting in a land entitlement of 1970.45 sq m plus road‑FSI advantages of 123.59 sq m (44 ft road) and 45.10 sq m (S.V. road), total 2139.14 sq m.

Final Outcome

  • The Court set aside the order dated 6 March 2025 of the Competent Authority.
  • It remanded Application No. 159 of 2024 to the Competent Authority for issuance of a certificate of deemed conveyance of 1970.45 sq m land and FSI advantages of 123.59 sq m and 45.10 sq m (total 2139.14 sq m) in favour of the petitioner.
  • The Competent Authority must act expeditiously, preferably within four months, and the parties are to appear before it on 30 September 2026 for further directions.
  • No costs were awarded.

Topics: Deemed Conveyance, Co‑operative Housing Dispute