Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sandeep V.Marne
In the matter between : Radha Vishweshwar Co-operative Housing Society Limited – Appellant
Versus
New Bansi Park Co-operative Housing Society Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments related to property rights and conveyance. (Para 8 , 9 , 10 , 11) |
| 3. court's analysis of legal principles regarding conveyance. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. analysis of previous ownership and agreements. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. details on fsi usage and discrepancies. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. court's view on entitlement based on fsi. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 7. balance of equities in the decision-making process. (Para 41 , 42 , 43 , 44 , 45) |
| 8. deciding ratio and order related to interim relief. (Para 46) |
| 9. conclusion and direction regarding the appeal. (Para 47 , 48) |
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 Novemb
In disputes over redevelopment and land entitlement among cooperative societies, equitable division based on FSI utilization is essential, especially under varying FSI regulations.
The court ruled that a developer's right to complete construction cannot be denied due to the execution of a deemed conveyance; proportional land conveyance is valid under the Maharashtra Ownership F....
The promoter is legally obligated to convey the entire leased land to the Society as per the agreement, regardless of FSI utilization.
The court established that under Section 11 of MOFA, a promoter must convey the entire leased land as per the agreement, regardless of FSI utilization.
The main legal point established in the judgment is the recognition of long-standing possession as a basis for protection and the emphasis on due process in property disputes.
The court held that statutory obligations under MOFA compel the execution of conveyance to a housing society and that such obligations must be upheld to prevent unauthorized development.
A covenant in a Deed of Conveyance runs with the land and binds successor parties, holding statutory presumption of validity unless specifically challenged.
The Competent Authority must comply with statutory obligations and government guidelines when issuing deemed conveyance certificates, ensuring proper measurement and entitlement assessment.
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
Competent Authority under Section 11 MOFA must determine and grant deemed conveyance for correct subdivided area from official records, undeterred by pending civil suits on construction deviations an....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
