Neeta Sawant 39-WP-1200-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1200 OF 2025 Preferred Properties LLP & Anr. ...Petitioners : Versus : District Deputy Registrar, Co- operative Society & Ors. ...Respondents Mr. Shreepad Murthy i b. Mr. Abhishek Patil, / for the Petitioners. Mr. Siddharth A. Patil, for the Respondents. Ms. Vaishali Nimbalkar, AGP for State. CORAM: SANDEEP V. MARNE, J. DATED: 21 SEPTEMBER 2026. P.C.: 1) The Petition challenges order dated 10 March 2022 passed by the District Deputy Registrar, Co-operative Societies, Thane and Competent Authority (Competent Authority) issuing Certificate of unilateral deemed conveyance in respect of land admeasuring 5258.14 sq.mts in favour of Respondent No.2-Society. 2) I have heard Mr. Murthy, the learned counsel appearing for the Petitioners, Mr. Patil, the learned counsel appearing for the Respondents and Ms. Nimbalkar, the learned AGP for State. PAGE NO. 1 of 4 Monday, 21 September 2026 Neeta Sawant 39-WP-1200-2025.docx 3) The first objection of Mr. Murthy to the impugned order is that the whole plot is now subdivided by order dated 23 September 2021 and the area of plot is no longer 16,210 sq.mts. The argument is totally baseless. The plans for construction of building of Respondent No.2-Society are sanctioned on 9 May 2002 at which time the total plot area was 16210 sq.mts. Therefore, subsequent subdivision allegedly sanctioned on 23 September 2021 is totally irrelevant. 4) Mr. Murthy contends that Respondent No.2-society is now de-registered by order dated 27 June 2025. The learned counsel appearing for Respondent No.2-society submits that the order of de- registration is under challenge in Appeal. In my view, the subsequent event of de-registration of the society is irrelevant for the purpose of deciding validity of order dated 10 March 2022 passed by the Competent Authority. 5) Perusal of sanctioned plan dated 9 May 2002 would indicate that the total area undertaken for construction is 16210 sq.mts out of which land admeasuring 7590.50 sq.mts was taken up by the developer for industrial use. 10 area of 759.05 sq.mts was reserved for % R.G. area leaving net plot area of 6831.45 sq.mts. For net plot area of 6831.45 sq.mts, total BUA sanctioned was 9867.65 sq.mts considering loading of DP road FSI. This area on 9867.65 sq.mts was divided by the developer as under :  Building no.I = 2960.34 sq.mts  Building No.II = 6673.89 sq.mts ________________________________  TOTAL 9634.23 sq.mts = PAGE NO. 2 of 4 Monday, 21 September 2026 Neeta Sawant 39-WP-1200-2025.docx 6) It appears that balance BUA of 233.42 sq.mts remained unutilised. 7) The Architect of Respondent No.2-society undertook the exercise of proportionate land division corresponding to BUA utilised for each of the two buildings. This is how entitlement of Respondent No.2-Society is arrived at 5258.14 sq.mts. This entitlement is further subdivided by the Architect as follows :  Share in the land = 4732.33 sq.mts  Proportionate share in the RG area = 525.81 sq.mts ________________________________  TOTAL 5258.14 sq.mts = 8) The only error committed by the Competent Authority is that while granting conveyance of land of 5258.14 sq.mts, the Competent Authority did not indicate subdivision into plot area and undivided share in the RG area. 9) I am not impressed by Mr. Murthy s submission that ' nothing is left for Building No.I to be constructed by the Petitioner in the RG area. The total RG area is 759.05 sq.mts out of which Respondent No.2 is granted share only admeasuring 525.81 sq.mts. The balance RG area can be to the advantage of Building No.I. 10) In my view, therefore the impugned Certificate of deemed conveyance deserves to be modified by indicating entitlement of PAGE NO. 3 of 4 Monday, 21 September 2026 Neeta Sawant 39-WP-1200-2025.docx Respondent No.II-society in respect of the land, as well as proportionate share in the RG. I accordingly proceed to pass the following order : (i) Certificate of unilateral deemed conveyance dated 10 March 2020 is set aside. (ii) The deemed conveyance application No. 1141 2021 is / remanded to the Competent Authority for issuance of fresh certificate of deemed conveyance by indicating land entitlement of Respondent No.2-society as 4732.33 and undivided interest in RG area of 525.81 sq.mts (total area of 5258.14 sq.mts). (iii) Parties shall appear before the Competent Authority alongwith copy of this order downloaded from the website of the Court on 1 October 2026. (iv) The Competent Authority shall proceed to issue fresh certificate of deemed conveyance as directed above on or before / 31 October 2026. (v) It is clarified that the proceedings are remanded only for the purpose of issuance of fresh certificate of unilateral deemed conveyance as directed above and the Competent Authority shall not venture into any other point in the remanded proceedings. 11) With the above directions, the Writ Petition is disposed of. [SANDEEP V. MARNE , J.] PAGE NO. 4 of 4 Monday, 21 September 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.09.23 15:02:10 +0530