Renuka Thakur 50-WP-10626-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10626 OF 2026 A1- Madina Co-Operative Housing Society Ltd. ...Petitioner V/s. M/S. Oshiwara Land Development Corporation and Ors ...Respondents ________________ Mr. R. U, Deo i/b Mr. D. P. Singh for Petitioner. Mr. Aayush Yadav a/w Mr. Vinay Nair i/b Mr. Arun Panickar for Respondent No. 11. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 28 SEPTEMBER 2026. P.C.: 1) The Petitioner challenges order dated 24 July 2013 passed by the District Deputy Registrar, Competent Authority, Co-operative Societies, (3), Mumbai (Competent Authority ) granting certificate of unilateral deemed conveyance in favour of the Petitioner-society in respect of land admeasuring 2040.42 Sq. Mtrs and building constructed thereon. It appears that the Petitioner has already secured conveyance of land demanded by it. However, it has now dawned upon the Petitioner that it is actually entitled to higher area of land based on builtup area utilized in construction of its building. Therefore, the limited prayer sought in the present Petition is for remand of the proceedings to the Page No. 1 of 3 28 SEPTEMBER 2026 Renuka Thakur 50-WP-10626-2026.docx Competent Authority by permitting the Petitioner to amend the application for deemed conveyance. By now, the law is well settled that if there is a layout development, organizations of flat purchasers are entitled to share in the layout land proportionate to the builtup area utilized in construction of their buildings. Reference in this regard can be made to the judgment of this Court in Satellite Garden I CHSL vs. State of Maharashtra1. In my view therefore, it would be appropriate to remand the proceedings to the Competent Authority for being decided afresh so as to ensure that the Petitioner-society secures proportionate share in the layout land. 2) Accordingly I proceed to pass the following order:- (i) Order dated 24 July 2013 is set aside. (ii) Application No. 151 of 2012 is remanded before the Competent Authority for fresh adjudication. Petitioner shall be at liberty to amend the Application No. 151 of 2012 for claiming correct area of its land entitlement. (iii) Petitioner-society shall submit before the Competent Authority a fresh certificate of architect indicating the exact land entitlement in the layout. (iv) The remanded proceedings shall be decided by the Competent Authority keeping in mind the directions issued in 1 Writ Petition No. 1128 of 2026 decided on 16th September 2026. Page No. 2 of 3 28 SEPTEMBER 2026 Renuka Thakur 50-WP-10626-2026.docx judgment of this Court in Satellite Garden I CHSL vs. State of Maharashtra (supra) 3) With the above directions, the Writ Petition is partly allowed and disposed of. 4) All contentions and rights of the parties are expressly kept open. [SANDEEP V. MARNE, J.] Page No. 3 of 3 28 SEPTEMBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 30/09/2026 16:17:18