SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2026 Supreme(Online)(Bom) 350

HIGH COURT OF BOMBAY
Amit Borkar, J
Kartik Regency Coop. Housing society Ltd. – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sanjiv Sawant, Mr. Rohan Mahadik, Ms. Kekhala More, Ms. Nikita Butty
For the Respondents: Ms. Kavita N. Solunke, Mr. Shailendra S. Kanetkar, Mr. Shivraj Patne, Mr. Rohan Soman, Ms. Shivali S. Mhatre

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with references:

  1. The petitioner society, Kartik Regency Co-operative Housing Society Ltd., filed a writ petition challenging an order that rejected their application for Deemed Conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 (!) .

  2. The construction of the building was carried out on land identified by specific survey numbers (CTS Nos. 100, 101, and 103 to 107) and was supported by statutory certificates such as the Commencement Certificate and Occupation Certificate, which confirm the land's identity and the completion of construction on that land (!) (!) .

  3. The Agreements under Section 4 of MOFA, executed between the promoter and individual flat purchasers, clearly describe the property, including the survey numbers and total area, and are supported by statutory certificates, establishing the identity and boundaries of the property for which conveyance is sought (!) (!) (!) .

  4. The authority's role in proceedings under Section 11 is limited to a prima facie verification of compliance with statutory conditions, including checking the validity of Agreements, Certificates, and whether the promoter has failed to convey within the prescribed period. The authority is not expected to conduct a detailed trial or resolve complex title disputes (!) (!) (!) .

  5. The documents presented, such as the Agreements, the statutory Certificates, and the Architect’s Certificate, collectively establish the identity and extent of the property, which is strictly confined to the area of approximately 1479.10 square meters as described in the Agreements and supported by official certificates (!) (!) .

  6. The alleged minutes of a meeting dated 27 March 2021, which purportedly record flat purchasers' consent for construction on adjacent open land, do not conclusively demonstrate a waiver or surrender of the statutory right to conveyance. Their authenticity and legal effect are in dispute, and they do not override the clear contractual and statutory obligations (!) (!) (!) .

  7. The statutory obligation for conveyance arises from the Agreements and is supported by statutory certificates. These obligations cannot be nullified by subsequent informal agreements or consents unless there is a legally valid modification, which is not established in the record (!) (!) .

  8. The registration of the petitioner society, although challenged and under appeal, is considered prima facie valid. The pending appeal does not automatically render the society non-existent or prevent the exercise of statutory rights unless a final order of cancellation is issued (!) .

  9. The municipal permissions for further construction, including on adjoining lands, do not affect the statutory entitlement to conveyance for the property described in the Agreements. Such permissions are separate and do not override the statutory remedy under Section 11 where the promoter has failed to convey (!) .

  10. The Court found that the petitioner had established sufficient prima facie facts to invoke Section 11, including the identification of the property, the sale of flats, the promoter’s failure to convey, and the supporting statutory documentation. The authority's rejection of the application was deemed erroneous (!) .

  11. The Court set aside the order rejecting the Deemed Conveyance and directed the competent authority to issue a fresh order in accordance with law, recognizing the petitioner society’s entitlement to conveyance of the specified property area (!) (!) (!) .

  12. The Court rejected the respondent’s request for a stay of the judgment and ordered that the authority complete the necessary proceedings within six weeks, ensuring the conveyance process proceeds in accordance with the Court’s directions (!) .

  13. The application for Deemed Conveyance is confined to the specific property described in the Agreements and statutory certificates, and there is no basis to include adjoining lands or to rely on documents suggesting waiver of rights unless conclusively established (!) (!) (!) .

Would you like a detailed legal opinion or further clarification on any specific aspect?


JUDGMENT:

1. By the present writ petition instituted under Articles 226 and 227 of the Constitution of India , the petitioner calls in question the legality and correctness of the order dated 26 August 2025 passed by Respondent No. 2 in exercise of powers under Section 11 of the Maharashtra Ownership Flats Act , 1963. By the said order, the application preferred by the petitioner Co-operative Housing Society seeking grant of Deemed Conveyance in respect of the property of the Society came to be rejected.

2. The material on record indicates that pursuant to the Commencement Certificate dated 13 September 2007 issued by the Navi Mumbai Municipal Corporation, the building of the petitioner Society was constructed on land bearing CTS Nos. 100, 101 and 103 to 107, situated at Kille Gaothan, Belapur, Navi Mumbai.

3. Upon completion of construction, the Navi Mumbai Municipal Corporation issued an Occupation Certificate dated 21 March 2009. A plain reading of the said Occupation Certificate demonstrates that Respondent Nos. 3 and 4 had exhausted the entire permissible Floor Space Index in respect of the aforesaid land bearing CTS Nos. 100, 101 and 103 to 107. The sanctioned building plan as

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top