Renuka 40-WP-14065-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14065 OF 2025 Bijal Heights Co Operative Housing Society Ltd. ...Petitioner V/s. The State Of Maharashtra Through G. P. and Ors ...Respondents ________________ Mr. S. G. Deshmukh with Ms. Priya A. Patil i/b Mr. Gautam Kanchanpurkar for Petitioner. Ms. Arundhati A. Walavalkar, for Respondent No. 3. Ms. S. D. Chipade, AGP for Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 24 AUGUST 2026. P.C.: 1) Leave is granted to amend the Petition by incorporating challenge to Registered Deed of Conveyance dated 16 September 2016 as well as mutation entry effected in pursuance thereof. Amendment to be carried out forthwith. 2) By this Petition, Petitioner-society has challenged order dated 15 December 2015 passed by the District Deputy Registrar (2) Eastern Suburbs, Mumbai and Competent Authority (Competent Authority) granting unilateral deemed conveyance of land admeasuring 1357.43 Sq. Mtrs in favour of the Respondent No. 2-society. Page No. 1 of 8 24 August 2026 2026:BHC-AS:35130 Renuka 40-WP-14065-2025.docx 3) It appears that two buildings are constructed on a common layout by the developer, in respect of which two separate societies are formed. Mulund Bijal Co-operative Housing Society Ltd (Mulund Bijal CHSL) was apparently formed at an earlier point of time and Petitioner- Bijal Heights Co-operative Housing Society Ltd. (Bijal Heights CHSL) is formed in respect of building subsequently constructed. However, while seeking deemed conveyance of land and building Mulund Bijal CHSL failed to implead Bijal Heights CHSL as a party Respondent to Application No. DC1000 926/2015 filed before the Competent Authority. It appears that the Developer had invited attention of the Competent Authority to the fact that there are two buildings in the layout had highlighted and the necessity to hear objections by Bijal Heights CHSL. However, it appears that the Competent Authority ignored the said objections and proceeded to issue certificate of unilateral deemed conveyance dated 15 December 2015 in favour of Mulund Bijal CHSL conveying land admeasuring 1357.43 Sq. Mtrs. 4) The Petition is filed after a period of 10 long years. However, since the Petitioner-Bijal Heights CHSL was not made party Respondent to the Application preferred by Mulund Bijal CHSL, there was no reason for the Petitioner-society to acquire any knowledge in respect filing or decision of the Application of Mulund Bijal CHSL. Apparently, the Petitioner society did not notice even the registered conveyance effected in favour of Mulund Bijal CHSL as well as revenue entry in pursuance thereof. In paragraph 15 of the Petition, it is pleaded by the Petitioner- society that it acquired knowledge about passing of order of deemed conveyance in favour of Mulund Bijal CHSL, when process of Page No. 2 of 8 24 August 2026 Renuka 40-WP-14065-2025.docx redevelopment of its building commenced in the year 2025. Considering the above position, I am not inclined to dismiss the Petition only on the ground of delay or laches and I proceed to consider the same on merits. 5) I have heard, Mr. Deshmukh, the learned counsel appearing for the Petitioner, Ms. Walavalkar, the learned counsel appearing for the Respondent and Ms. Chipade, the learned AGP for Respondent-State and have considered the submissions canvassed by them. 6) At the outset, Ms. Walavalkar submits that the Petitioner- society was fully aware about filing of Application for deemed conveyance. She invites attention of the Court to letter dated 18 April 2015 issued to the Petitioner-society seeking its No Objection Certificate (NOC). She also draws attention of this Court to the NOC issued by the Petitioner-society by letter dated 15 July 2015. The NOC reads thus:- TO WHOM SO EVER IT MAY CONCERN We here by stalt that our society building and building of Mulund Bijal Co.op. Hsg. Soc. Are situated on the plot of land bearing CTS situated CTS No 717. We say that built up area of Mulund Bijal Co.op. Hsq. Soc. is 1356.93 sq.m. and we have no abjection for conveyance of this area out of our plot of land bearing CTS No. 717 to them. 7) From the letter of Bijal Heights CHSL dated 18 April 2015, it appears that plans of filing of Application for deemed conveyance by Mulund Bijal CHSL were disclosed to the Petitioner-society. By the NOC Petitioner-society, had not expressed any objection for conveyance of area of land corresponding the built up area of 1356.93 Sq. Mtrs to Page No. 3 of 8 24 August 2026 Renuka 40-WP-14065-2025.docx Mulund Bijal CHSL. However, this does not absolve Mulund Bijal CHSL of the responsibility of impleading the Petitioner-society as party Respondent to the application for deemed conveyance, particularly when it sought conveyance of land in excess of what was permitted under the NOC. 8) What has happened on account of the impugned order dated 15 December 2015 passed by the Competent Authority is gross reduction of area entitlement of Petitioner-society and conveyance of excess land area in favour of Mulund Bijal CHSL. It appears that the total area of land is 2566.00 Sq. Mtrs. Out of that land, area of 794.27 Sq. Mtrs is affected by DP road and the net plot area is 1771.73 Sq. Mtrs. By granting FSI 1.00, the Planning Authority had initially sanctioned builtup area of only 1771.73 Sq. Mtrs and building of Mulund Bijal CHSL was constructed by utilizing BUA 1356.93 Sq. Mtrs. The Balance BUA available for construction of second building (of Petitioner) was only 414.47 Sq. Mtrs. However, the planning Authority sanctioned the FSI meant for DP road acquisition of 794.27 Sq. Mtrs and this is how the total available builtup area went up from 1771.73 Sq. Mtrs to 2566.40 Sq. Mtrs. Accordingly, the building of Petitioner-society is constructed by utilizing builtup area of 1209.47 Sq. Mtrs (2566.40 – 1356.93 = 1209.47 Sq. Mtrs). The case does not involve utilization of any TDR in construction of building of Petitioner-society. The building of Petitioner-society is constructed by utilizing FSI flowing through the total plot admeasuring 2566.00 Sq. Mtrs. Therefore, Petitioner-society is also entitled to share proportionate land in the layout corresponding to BUA utilized for its construction. Page No. 4 of 8 24 August 2026 Renuka 40-WP-14065-2025.docx 9) The architect of Mulund Bijal CHSL issued certificate dated 19 June 2015 but did not undertake the exercise of proportionate land division. The architect completely ignored the position that the building of Petitioner-society is also constructed in the same layout. The certificate was clearly faulty. The certificate indicates that since BUA admeasuring 1356.93 Sq. Mtrs is utilized in construction of building of Mulund Bijal CHSL, the said society must receive land admeasuring 1357.43 Sq. Mtrs. The Competent Authority has blindly relied upon certificate of the architect. The Competent Authority has ignored the position that building of Petitioner-society is also constructed on the same layout. It has erroneously conveyed land admeasuring 1357.43 Sq. Mtrs in favour of Mulund Bijal CHSL. 10) Ms. Walavalkar invites the attention of this Court to specific convenant in Agreement for Sale executed under Section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) in favour of flat purchasers of the Petitioner-society. Clause No. 5 of those Agreements stipulated thus:- The Promoter hereby declares that at present the Floor Space Index, available in respect of the said property is 1771.40 square meters only. The Floor Space Index consumed in the said existing building known as Bijal is 1356.93 square meters: The Floor Space Index being consumed for the said building/wing known as Bijal Heights is 414.47 square meters along with the road benefit of 795 square meters. No part of the floor space Index of the said property has been utilized by the Promoter elsewhere for any purpose whatsoever. 11) In fact the stipulation in paragraph 5 of the Agreement for sale makes a case for Petitioner-society even better. The said stipulation Page No. 5 of 8 24 August 2026 Renuka 40-WP-14065-2025.docx made it clear that the building of the Petitioner-society was to be constructed by utilizing balance BUA of 414.47 Sq.Mtrs alongwith road benefit of 795 Sq. Mtrs. 12) Considering the above position, in my view, the impugned order passed by the Competent Authority is clearly faulty and is liable to be set aside. 13) It appears that in pursuance of the impugned order passed by the Competent Authority, the conveyance deed dated 16 September 2016 has been registered and mutation entry No. 1053 is effected to bring on record name of Mulund Bijal CHSL. Since the order of the Competent Authority dated 15 December 2015 is being set aside, consequentially, the registered deed of conveyance dated 16 September 2016 and mutation entry No. 1053 also deserve to be set aside. The proceedings deserve to be remanded for the purpose of carrying out the exercise of proportionate land division between the two society. 14) The Petition succeeds in part and I proceed to pass the following order:- (i) Order dated 15 December 2015 passed by the Competent Authority is set aside. Consequently, the registered deed of conveyance dated 16 September 2016 and Mutation Entry No. 1053 are also set aside. Page No. 6 of 8 24 August 2026 Renuka 40-WP-14065-2025.docx (ii) Application No. DC1000926 of 2015 is remanded on the file of the Competent Authority for being decided afresh. (iii) Both the Petitioner as well as Respondent No. 3- society shall produce certificates of their respective architects indicating land division proportionate to builtup area utilized for construction of each building before the Competent Authority. (iv) Competent Authority shall proceed to undertake the exercise of proportionate land division by keeping in mind provisions of GR dated 22 June 2018. (v) Petitioner and Respondent No. 3-society shall appear before the Competent Authority on 2 September 2026 alongwith copy of this order downloaded from website of this Court and shall apply for fixation of date(s) of hearing in the remanded proceedings. (vi) The Petitioner-society shall also be at liberty to apply for deemed conveyance of proportionate land in its favour. If, such Application is filed both the Applications shall be decided by the Competent Authority together. 15) All contentions of parties on merits are expressly kept open. Page No. 7 of 8 24 August 2026 Renuka 40-WP-14065-2025.docx 16) With the above directions. Writ Petition is partly allowed and disposed of. There shall be no order as to costs. [SANDEEP V. MARNE, J.] Page No. 8 of 8 24 August 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 27/08/2026 15:01:38