In disputes over redevelopment and land entitlement among cooperative societies, equitable division based on FSI utilization is essential, especially under varying FSI regulations.

Sandeep V. Marne, J.

1) Plaintiffs have filed the present Interim Application seeking temporary injunction to restrain Defendant No.1-Society from proceeding further with the tender process for redevelopment of its building in respect of plot admeasuring 2182 sq.mtrs, save and except an area admeasuring 1230.39 sq.mtrs. Plaintiffs have also sought temporary injunction of stay on effect, implementation, operation and execution of order dated 18 November 2010 with further stay on making any application for seeking development permission from Defendant Nos.5 to 7 in respect of land admeasuring 2451.81 sq.mtrs and 66.59% proportionate undivided rights in FSI advantage of road set-back area admeasuring 145.36 sq.mtrs. on the basis of order dated 18 November 2010 passed in Suit No. 3454/2007 and Conveyance dated 20 February 2023.

2) Plaintiffs are Societies formed in respect of ‘Building No.2’ in the common layout comprising of Wings-A and B, whereas the First Defendant-Society is formed in respect of ‘Building No.1’ in the same layout. Defendant No.1 has secured a decree dated 18 November 2010 in its favour in Suit No. 3454/2007, based on which, Deed of Conveyance dated 20 February 2023 is executed conveying land admeasuring 2399.55 sq.mtrs. in the layout in its favour. Defendant No.1-Society wants to redevelop its buildings based on conveyance so secured through a decree of the Court. Plaintiffs apprehends that major chunk of the land would go to the First Defendant-Society, not only depriving it of its due area but rendering its construction illegal. It has accordingly filed the present Suit for restraining the First Defendant- Society from undertaking development of its building in respect of land exceeding 1230.39 sq.mtrs. as Plaintiffs believe that they are entitled to own 66.59% share in the land with further proportionate rights in R.G. area and road-set back area. Plaintiff has accordingly challenged the Deed of Conveyance dated 20 February 2023 executed in favour of the First Defendant-Society. In its Suit, Plaintiffs have filed the present Interim Application to restrain the First Defendant-Society from undertaking redevelopment of the building on the basis of Deed of Conveyance dated 20 February 2023.

3) A brief factual background in which the disputes between the parties have arisen needs to be narrated. M/s. Comproind Pvt. Ltd. (Comproind) was the owner in respect of land admeasuring 3900.50 sq.mtrs. in aggregate comprising of (i) C.T.S. No.507/A admeasuring 557.60 sq.mtrs. (ii) C.T.S. No.507A/(1) to (15) admeasuring 472.10 sq.mtrs. (iii) C.T.S. No.507/B admeasuring 505.90 sq.mtrs., (iv) C.T.S. No.507/C admeasuring 2146.60 sq.mtrs. and (v) C.T.S. No.507/D admeasuring 218.30 sq.mtrs. at Village-Malad, Taluka-Borivali, Mumbai Suburban District (larger property). The land owner- Comproind submitted plans for development of the land with Municipal Corporation of Greater Mumbai, which was sanctioned on 22 March 1973 as revalidated on 21 March 1975 in pursuance of which, a building with four Wings-1, 2, 3 and 3A were constructed on land bearing CTS No.507/C and 50% land in CTS No.507/B. The building so constructed in the year 1975 is referred to as ‘Building No.1’. The flat purchasers of Buildin