Megha 6_wp_10575_2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10575 OF 2026 Bell Heaven Cooperative Housing Society Limited ...Petitioner V/s. District Deputy Registrar, Co-operative Society Mumbai (4) and Ors. ...Respondents ________________ Mr. Vishaki Bhatia for the Petitioner. Mr. Pradeep Tiwari for Respondent Nos.2 and 4. Ms. Akanksha Saxena, ‘B’ Panel with Mr. Y.D. Patil, AGP for Respondent - State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 23 SEPTEMBER 2026. P.C.: 1) Petition challenges order dated 1 July 2025 passed by the District Deputy Registrar, Co-operative Societies, Mumbai City (4) and Competent Authority (Competent Authority) granting certificate of unilateral deemed conveyance in favour of the Petitioner-Society only in respect of the plinth and appurtenant areas of the building. It is the grievance of the Petitioner-Society that it is denied land proportionate to the built-up area utilised in construction of its building. Page No. 1 of 3 23 September 2026 2026:BHC-AS:39117 Megha 6_wp_10575_2026 2) I have heard Mr. Bhatia, the learned counsel appearing for the Petitioner, Mr. Tiwari, the learned counsel appearing for Respondent Nos.2 to 4 and Ms. Saxena, the learned ‘B’ panel counsel appearing for the Respondent-State and have considered the submissions canvassed by them. 3) In Satellite Garden 1 Cooperative Housing Society Ltd. V/s. State of Maharashtra through Ministry of Housing and Ors. 1 this Court has laid down the principles for proportionate sub-division of the land based on built-up area utilised in construction of each building in the layout as per the plan, which existed at the time of formation of first society in the layout. This Court has held that ordinarily only plinth and appurtenant area cannot be conveyed when it is possible to determine the proportionate share of a society in the layout plan. In my view, therefore, the impugned order deserves to be set aside and proceedings deserve to be remanded to the Competent Authority for fresh adjudication keeping in mind the ratio of the judgment of this Court in Satellite Garden 1 Cooperative Housing Society Ltd. (supra). 4) Petition accordingly succeeds and I proceed to pass the following order:- (i) Order dated 1 July 2025 passed by the Competent Authority in Application No.266 of 2024 is set aside. (ii) Proceedings are remanded to the Competent Authority for fresh adjudication. The Competent Authority shall keep in mind the principles determined by this Court 1 Writ Petition No.1128 ofo 2026, decided on 16 September 2026 Page No. 2 of 3 23 September 2026 Megha 6_wp_10575_2026 in Satellite Garden 1 Cooperative Housing Society Ltd. (supra) while deciding the remanded proceedings. (iii) Parties shall appear before the Competent Authority on 5/10/2026 alongwith copy of the order downloaded from the website and shall apply for fixation of dates of hearing in the remanded proceedings. (iv) Parties shall be at liberty to file additional documents including certificates of their respective Architects indicating proportionate land division. (v) The Competent Authority shall proceed to pass the order in the remanded proceedings as expeditiously as possible, preferably within a period of six months. 5) All rights and contentions of the parties are left open. 6) With the above directions, the Petition is disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 23 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 24/09/2026 17:30:07