JUDGMENT :

ARIF S. DOCTOR, J.

1. The present Writ Petition impugns an order dated 10th August 2018 (“impugned order”) passed by Respondent No. 2 allowing an application for deemed conveyance filed by Respondent No. 1. By the impugned order, Respondent No. 2 has directed that a deemed conveyance in respect of land bearing Survey No. 44, Hissa No. 1(p) and 2(p), CTS No. 72-A, Juhu Ville Parle, Taluka Andheri, Mumbai-Suburb District, admeasuring 8361 Sq. Yards (“the said land”) be granted to Respondent No. 1 in the circumstances more particularly stated below.

Brief Facts

2. The Petitioners are the owners and developers of the said land on which the Petitioners have constructed and sold 36 ‘bungalows’ under various Agreements for Sale. The Agreements for Sale inter-alia provide as follows:

“AND WHEREAS the Builders have agreed to register a Pvt. Ltd. Co. or a Co-operative Housing Society, or Association of Apartment owners and transfer the property in the name of the Registered Co. or a Co-operative Housing Society, or Association of Apartment owners and allot the bungalows and the land appurtenant thereto to the intending acquirer of bungalows/Apartments to be constructed by the S.M. Builders as aforesaid in accordance with the layout of scheme in Annexure ‘A’ as aforesaid inspection whereof has been taken by the Acquirer prior to his signing this agreement and on the Acquirer contributing towards the cost of the construction of the bungalows and of the land on which the said bungalow will be situated and on the Acquirer agreeing to pay proportionate costs for and common facilities as set out in Annexure ‘B’ hereto.

10. It’s agreed that after all bungalows on the said property as per the layout plans attached herewith once sold out to various acquirers and as and when the same are nearing completion the Builders agree to transfer the property in the name of a Private Limited Company or a Cooperative Housing Society or Association of Apartment Owners and at that stage the Acquirer together with the other acquirers of these bungalows agree to sign the required papers and documents for the above purpose.

11. The open area around the said bungalow agreed to be allotted to the acquirer shall be kept by the Acquirer open and un-built in accordance with the rules and regulations of the incorporated body or other association in whose favour ultimately the conveyance in respect of the said property described in the first Schedule thereunder written hall be executed.

24. The Acquirer hereby covenants with Company or Housing Society and/or with the Acquirers of other bungalows in the said scheme in whose favour the Conveyance of the said portion of the land described in the Schedule hereunder written shall have been executed as follows:

(a) The Acquirer shall observe and perform the terms conditions and covenants herein contained and shall keep the Company or Housing Society or the Association and the Acquirer of other bungalows indemnified against nonobservance and/or non-performance of such terms covenants and provisions to be observed and performed by the Acquirer herein individually and/or collectively.”

3. Respondent No. 1-Society was formed in the year 1981. Since despite the passage of over thirty years, the said land was not conveyed in the manner contemplated in the Agreements for Sale, Respondent No. 1 in the year 2014, filed an application for deemed conveyance (First Application). The First Application came to be rejected by an order dated 18th July 2014. Respondent No. 1 then, in the year 2016, filed a Second Application i.e., Application No. 7 of 2016 (Second Application) for the same purpose. The Second Application also came to be rejected, by an order dated 26th July 2017 (the Second Order). Respondent No. 1 was however granted liberty to file a fresh application for a deemed conveyance.

4. Respondent No. 1, then in the year 2018,