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2025 Supreme(Bom) 1958

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P.POONIWALLA
Velentine Properties Private Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Adv. Vivek Kantawala a/w Adv. Ajit Makhijani and Adv. Rajat Jain i/b M/s.M. M. Legal Associates, Advocates
For the Respondents: Mr. Mohit Jadhav a/w Mr. Shamrao Gore, AGP., Adv. Vishal Kanade a/w Adv. Tanaya Patankar, Adv. Kartik Tiwari, Adv. Devang Shah and Adv. Aditya Kanchan i/b Lakshyavedhi Legal, Advs.

JUDGMENT :

FIRDOSH P. POONIWALLA, J.

1. Rule. Rule made returnable forthwith and heard finally by consent of parties.

2. This Writ Petition challenges an Order dated 16th October 2025 passed by Respondent No.2 i.e. the District Deputy Registrar– Co-operative Society, Mumbai City (4), Competent Authority under Section 5A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short “MOFA”), whereby Respondent No.2 has granted a Unilateral Deemed Conveyance in favour of Respondent No.3 Society.

3. Before considering the impugned Order dated 16th October 2025, and the submissions of the parties in respect thereof, it would be appropriate to set out the facts in the matter.

4. The Petitioner is the Promoter, Owner and Developer of a property admeasuring 27,116.30 square meters which, subsequently, in view of multiple amalgamations and subdivisions, has been divided into sub-plots marked as Plot A, B, C, D, E, F and G in terms of approved layouts from time to time.

5. These plots were designated for the construction of multi-storied buildings as per the sanctioned layout plan. A portion of the said larger land, admeasuring

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