Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: August 25, 2026

Case Overview

  • Parties: Lokmanya Pan Bazar Association Ltd (appellant) vs. State of Maharashtra & others (respondents).
  • Issue: Whether the appellant was afforded an adequate opportunity of hearing before the District Deputy Registrar, Cooperative Societies granted deemed conveyance under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 for Buildings B and C and 2,989 sq m of land.
  • Background: On 09‑10‑2013 the respondent Registrar issued an order‑cum‑certificate granting deemed conveyance to respondent No. 3‑Society. The appellant challenged this in the High Court via a writ petition. The High Court, on 09‑12‑2025, dismissed the petition, holding that notice had been duly served at the appellant’s declared registered‑office address and that the appellant failed to appear despite being given a hearing.
  • Supreme Court Findings: The appellant had changed its registered office in 1996, but notices were sent to the former address. Respondent No. 3 had corresponded with the appellant at its new address prior to the proceedings. The public notice issued thereafter neither named the appellant nor provided sufficient particulars to identify the subject property. Consequently, the Court held that the appellant was not afforded an adequate and effective opportunity of hearing, violating principles of natural justice.

Final Outcome

  • The appeal is allowed on the limited ground of violation of natural justice.
  • The High Court judgment dated 09‑12‑2025 and the order‑cum‑certificate dated 09‑10‑2013 are set aside.
  • The application filed by respondent No. 3‑Society for deemed conveyance is restored to the Registrar’s file for fresh consideration.
  • The appellant must file its objections, together with supporting material, within four weeks from the order date. No fresh notice is required as parties are represented before the Court.
  • Upon receipt of objections, the Registrar shall provide a reasonable opportunity of hearing to all parties and pass a reasoned order within three months from the order date.
  • Until the fresh determination, the parties shall maintain status‑quo on the subject land and buildings, refraining from creating third‑party rights or undertaking redevelopment; routine maintenance and essential repairs of Buildings B and C may continue.
  • The Court clarifies that its directions do not influence the fresh determination and that it has not expressed any opinion on the merits of the rival claims.

Topics: Deemed Conveyance, Natural Justice, Cooperative Societies