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2020 DAILYLAW 1840 (BOM)

MR. CHANDRAMOHAN BHASKAR VAISHAMPAYAN AND ANR v. CHINTAMAN BHUVAN CO-OP. HSG. SOC. LTD. AND ORS

WP/912/2020 · 2026-09-08

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Judgment text

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Megha 905_wp_912_2020 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.912 OF 2020 Chandramohan Bhaskar Vaishampayan and Anr. ...Petitioners V/s. Chintaman Bhuvan Co-op. Hsg. Soc. Ltd. and Ors. ...Respondents ________________ Mr. Ram Apte, Senior Advocate with Mr. Mayuresh S. Lagu i/b. Mr. Sagar Patil for the Petitioner. Mr. Sandesh Deshpande with Ms. Priti Karande and Ms. Manjavi Chaudhari for Respondent No.1 Mr. S.L. Babar, AGP for Respondent -State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 8 SEPTEMBER 2026. P.C.: 1) Challenge in the present Petition is to the order dated 3 July 2019 passed by the District Deputy Registrar, Co-operative Societies, Thane and Competent Authority (Competent Authority) granting certificate of Unilateral Deemed Conveyance of land admeasuring 539.30 sq.mtrs. The objection of the Petitioners is that they own a structure named building ‘A’ and that in ignorance of that fact the Competent Authority has conveyed the entire land in favour of Respondent No.1-Society. Page No. 1 of 2 8 September 2026 2026:BHC-AS:36821 Megha 905_wp_912_2020 2) Mr. Deshpande, the learned counsel appearing for Respondent No.1-Society invites attention of this Court to registered Deed of Conveyance executed in pursuance of Certificate dated 3 July 2019. He fairly makes a statement that contrary to the certificate of Deemed Conveyance, Respondent No.1 has reserved FSI and development potential of 1703.03 sq.mtrs for the Petitioners pertaining to building ‘A’. 3) Perusal of the registered Deed of Assignment would indicate that assigners of building ‘A’ (Petitioners) shall own 21.20% share in the development potential of the land whereas right of Respondent No.1- Society are conveyed only to the extent of 78.80% . This takes care of the grievance raised in the Petition. It is accordingly clarified that arrangement in terms of registered Deed of Conveyance shall prevail over certificate of unilateral deemed conveyance dated 3 July 2019. 4) Writ Petition is accordingly disposed of. Revenue Authority shall consequently effect corrections in the revenue records in accordance with the registered Deed of Conveyance. [SANDEEP V. MARNE, J.] Page No. 2 of 2 8 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 08/09/2026 15:19:05