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2022 DAILYLAW 3065 (BOM)

VAIDYA AND CO. THR PARTNERS v. SANDIPANI CO OP HOUSING SOC THR CHAIRMAN AND ORS

WP/8968/2022 · 2026-08-29

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Judgment text

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Renuka 12-WP-8968-2022.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8968 OF 2022 Vaidya And Co. Through Partners ...Petitioner V/s. Sandipani Co-Op Housing Soc Through Chairman and Ors ...Respondents WITH WRIT PETITION NO. 11997 OF 2022 Shubh Shreyas Co Op Hsg. Soc through its Chairman ...Petitioner V/s. Sandipani Co-Op Housing Soc Through Chairman and Ors ...Respondent ________________ Mr. Saurabh Oka for Petitioner in WP8968/2022. Mr. S. C. Wakankar for Petitioner in WP. 11997/2022 and Respondent No. 3 in WP. 8968/2022. Mr. Sandesh Deshpande, with Ms. Priti Karande for Respondent No. 1 in both the Petitions. Ms. S. D. Chipade, AGP for Respondent-State in WP. 8968/2022. Ms. S. R. Crasto, AGP for Respondent-State in WP. 11997/2022 ________________ CORAM: SANDEEP V. MARNE, J. DATED: 29 AUGUST 2026. P.C.: Page No. 1 of 3 29 August 2026 Renuka 12-WP-8968-2022.docx 1) These Petitions challenge order dated 22 February 2022 passed the Competent Authority and District Deputy Registrar, Co- operative Societies, Thane(Competent Authority) issuing certificate of unilateral deemed conveyance conveying land admeasuring 2648.12 Sq. Mtrs in favour of Respondent-society (Sandipani Co-operating Housing Society Ltd.). 2) I have heard Mr. Oka, the learned counsel appearing for the Petitioner in WP No. 8968/2022, Mr. Wakankar the learned counsel appearing for Petitioner in WP. 11997/2022 and Respondent No. 3 in WP No. 8968/2022, Mr. Deshpande, the learned counsel appearing for Respondent No. 1 in both the Petitions. Ms. Chipade, the learned AGP appearing for Respondent-State in WP No. 8968/2022, Ms. Crasto, the learned AGP. Respondent-State in WP No. 11997/2022. 3) Mr. Wakankar, the learned counsel appearing for the Petitioner in Writ Petition No. 11997 of 2022 submits that despite making best efforts, his client-society is not responding for the purpose of production of architect’s certificate as directed by this Court. He submits that he has issued letter to his clients giving his NOC. 4) This Court already has two architect certificates submitted by the Petitioner in Writ Petition No. 8968/2022 and by Sandipani Co- operative Society. In my view therefore, it is not necessary to await the architect certificate of Petitioner in Petition No. 11997/2022. I accordingly proceed to decide both the Petitions. Page No. 2 of 3 29 August 2026 Renuka 12-WP-8968-2022.docx 5) The only objection that is sought to be raised by the Petitioners is that the developments rights were granted only in respect of area admeasuring 26,100 Sq. Ft. whereas what is conveyed in favour of Sandipani society is excess area of 2648.12 Sq. Mtrs. Petitioner in Writ Petition No. 8968 of 2022 as well as Sandipani Society have placed on record certificates of their respective architects. Perusal of the said certificates would clearly indicate that Sandipani Society has been correctly conveyed land admeasuring 2648.12 Sq. Mtrs which is its proportionate shares considering the builtup area utilized in construction of its building. Therefore, there is no warrant for interference in the impugned order. 6) Both the Writ Petitions are accordingly dismissed. [SANDEEP V. MARNE, J.] Page No. 3 of 3 29 August 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 31/08/2026 16:53:11