Renuka 907-WP-5890-2022.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5890 OF 2022 Vinod Kumar Parmanand Karwat and Ors ...Petitioners V/s. State of Maharashtra and Ors ...Respondents ________________ Mr. Vaibhav Charalwar a/w Mr. Ansul Bhuta, Ms. Asha Bhuta dn Ms. Priyanka Chaurasia i/b Bhuta and Associates for Petitioners. Mr. G. S. Bhat for Respondent No. 4. Ms. A. A. Nadkarni, AGP for Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 1 SEPTEMBER 2026. P.C.: 1) By this Petition, the Petitioners have assailed order dated 4 January 2020 passed by the District Deputy Registrar, Co-operative Societies (2) East Suburbs, Mumbai and Competent Authority (Competent Authority) issuing certificate of unilateral deemed conveyance of land admeasuring 557.70 sq. mtrs and building constructed thereon in favour of Respondents No. 4-society. 2) I have heard Mr. Charalwar, the learned counsel appearing for the Petitioners, Mr. Bhat, the learned counsel appearing for Page No. 1 of 4 1 SEPTEMBER 2026 2026:BHC-AS:36039-DB Renuka 907-WP-5890-2022.docx Respondent No. 4 and Ms. Nadkarni, the learned AGP appearing for Respondent-State. 3) There was a structure on the land comprising of ground + two upper floors in which there are 12 tenements. All tenements were let out to different persons and Petitioners were landlords whereas occupants were tenants in respect of those tenements. Petitioners entered into a Memorandum of Understanding with a developer on 18 March 2002 under which developer was granted rights to construct upper floors above the second floor of the building and to sell the flats so constructed. Accordingly, the developer constructed upper floors and sold flats to purchasers by executing the Agreements under Section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). Under Section 4 Agreements, the developer agreed to convey the entire plot of land in favour of association of flat purchasers. 4) The flat purchasers have formed Respondent No. 4-society. Out of the 12 tenants, Petitioners converted 5 tenancies into ownership rights and accordingly those 5 erstwhile tenants have already become members of the Respondent No. 4-society. Now the tenancy continues only in respect of the 7 tenants. 5) Under the MOU dated 18 March 2002, Petitioners specifically agreed as under:- 10. The Owners will become a member of the proposed Co-operative Society to be formed by the Developers in respect of all the Page No. 2 of 4 1 SEPTEMBER 2026 Renuka 907-WP-5890-2022.docx blocks/premises on the ground plus two floors occupied by the Owners and their tenants and on completion of the construction of the proposed additional floors on the said Property, the Owners shall after receipt of the full consideration amount as aforesaid execute a Deed of Conveyance of the said Property in favour of the proposed Co-operative Society. 6) Thus, in respect of the tenanted premises/tenements on ground, first and second floors, Petitioners specifically agreed to become members of Respondent No. 4-society and to convey the entire land in favour of the society. 7) The Petitioners have thus subjected the land to a housing scheme, permitted construction of flats and the sale thereof. They have accordingly undertaken to subject the property to provisions of MOFA. There is a fused structure in the form of original tenanted structure and newly constructed structure comprising of flats sold under MOFA. Even in respect of original tenanted structure, 5 out of the 12 tenants are already members of the Respondent No. 4-society. Qua remaining 7 tenants, Petitioner themselves undertook to become members of the Petitioner-society. Petitioners would be free to apply for membership of Respondent No. 4-society. Mr. Bhat fairly submits that if and when applications are made by the Petitioners/landlords for grant of membership qua remaining 7 tenanted flats, the same shall be granted by the society. 8) In view of the above discussion, there is no warrant for interference in the impugned order which conveys the entire plot and the building in favour of the Respondent No. 4-society. Page No. 3 of 4 1 SEPTEMBER 2026 Renuka 907-WP-5890-2022.docx 9) Writ petition is accordingly dismissed. [SANDEEP V. MARNE, J.] Page No. 4 of 4 1 SEPTEMBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 02/09/2026 18:13:57