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2024 Supreme(Online)(Bom) 1992

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
GAYATRI CONSTRUCTION – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent


Advocates:
Mr. Vikramjeet Garewal i/b Narayanan & Narayanan for the Petitioner. Mr. Abhay L. Patki, Addl. GP for State, Respondent Nos. 1, 2 & 11. Mr. Karl Tamboly i/b Mr. Maulik Tanna, for Respondent No. 3. Mr. Kishor D. Shah, for Respondent No. 10.

Judgement Key Points

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JUDGMENT:-

1) By this Petition, the Petitioner challenges Order dated 15 November 2022 as well as Corrigendum dated 20 December 2022 passed by District Deputy Registrar, Co-operative Societies, Mumbai (2) Eastern Suburbs, Mumbai and Competent Authority granting unilateral deemed conveyance of land admeasuring 1137.56 sq. mtrs. in favour of Respondent No.3-Society.

2) Briefly stated, facts of the case are that one Dattatraya Khanderav Ladewar was the owner in respect of land bearing CTS Nos. 866, 866/1 to 866/13, village Mulund, District Mumbai Suburban. Said Dattatraya Khanderao Ladewar entered into an Agreement for Sale dated 21 August 1978 and agreed to assign his right, title and interest in the said land in favour of the Petitioner. It appears that Respondent No.10-Dharma Builders in whose favor the Indenture of Lease dated 16 May 1975 was executed by said Dattatraya Khanderao Ladewar also executed the Agreement dated 23 August 1978 in favor of the Petitioner to transfer the lease its favor. Petitioner got the building plans sanctioned from the Municipal Corporation of Greater Mumbai (MCGM) for the construction of a building consisting of ground and six upper floors (5 Shops and

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