2025:BHC-AS:20530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19417 OF 2024 WITH INTERIM APPLICATION NO. 1171 OF 2025 M/s. Aakansha Construction Company Through its Proprietor, Mr. Chandrakant Shripat Tambokar ] Petitioner (Orig.Resp.No.6 & 6a)

: Versus :

1. The State Of Maharashtra

2. The District Deputy Registrar, Co-operative Society, Mumbai City (4)

3. Torna Co-operative Housing Society Ltd.

4. Mr. Santosh Dharma Mokal

5. M/s. Nutan Realtors, Partnership Firm Through Mr. Nasri S. Vasani

6. Mr. Sachin Shantilal Joshi, Partner of M/s. Nutan Realtors, Partnership Firm

7. Arun Damji Gada, Proprietor of M/s. Divya Development

8. Divya Parshva Towers Co-operative Housing Society Ltd. ] Respondents (Orig. Respondents)

Alongwith Writ Petition (St.) no. 38 Of 2025 WITH INTERIM APPLICATION NO. 4176 OF 2025

1. M/s. Nutan Realtors a partnership firm, duly registered the Indian Partnership Act.

2. Mr. Narshi S. Vasani

3. Mr. Sachin Shantilal Joshi ] ..Petitioners : VERSUS :

1. State of Maharashtra

2. District Deputy Registrar, Co-operative Societies, Mumbai City-4 Competent Authority, 3. Torana Co-operative Housing Society Limited

4. Mr. Dayanand Kashinath Mali

5. Mrs. Shobha D. Mali Alias Mhatre

6. Mr. Yashwant Kashinath Mali

7. Mr. Madan Kashinath Mali 8. Mr. Santosh Dharma Mokal

9. M/s. Akanksha Construction Co.

10. Mr. Chandrakant Shripat Tambolkar

11. Mr. Arun Damji Gada, Proprietor Of M/s. Divya Development

12. Divya Parshwa Tower CHSL ] ...Respondents _________________________________________________________________ Mr. Rohan Cama, i/by. Mr. H.S. Pandey and Mr. Akhilesh Upadhyay for the Petitioners in Writ Petition No.19417/2024.

Mr. Pradeep Thorat, with Mr. Anish Karande, Mr. Anil R. Mishra and Mr. Rihan Mishra, for the Petitioner in Writ Petition (St.) No.38-2025 and for Respondent Nos.5 and 6 in Writ Petition No.19417-2024.

Ms. Dhruti Kapadia, AGP for State.

Mr. Gauraj Shah, Ai/by. Ms. Usha S. Agarwal, for Respondent No.7 in Writ Petition No.19417/2024 and for Respondent No.11 in Writ Petition (St.) No.

38/2025.

Mr. Mayur Khandeparkar with Mr. Santosh Pathak, Mr. Vikram Garewal i/by.

Law Origin, for Respondent No.3 in WP-19417-2024.

Mr. Vineet Naik, Senior Advocate with Mr. Amogh Singh, Mr. Chirag Thakkar, Mr. Anuj Rawal, Ms. Priya Chaturvedi i/by. Law Origin for Respondent No.3 in WP(St.)-38-2025.

Mr. A.K. Singh with Mr. K.A. Singh and Mr. Piyush Singh, for the Applicant in IA-1171/2025 and IA-4176/2025.

Coram : Sandeep V. Marne, J.

Judgment Reserved On : 22 April 2025 Judgment Pronounced On : 5 May 2025 Judgment :

1) These two Petitions challenge order dated 14 November 2024 passed by the District Deputy Registrar, Co-operative Societies, Mumbai City (4) and Competent Authority issuing certificate of Deemed Conveyance of land admeasuring 2120.25 sq.mtrs. in favour of Respondent No.3-society. Writ Petition No.19417 of 2024 is filed by the original promoter, who has caused construction of buildings of Respondent No.3-society. Writ Petition (Stamp) No.38 of 2025 is filed by M/s. Nutan Realtors, who claims ownership in respect of land conveyed to Respondent No.3-society vide Indenture of conveyance dated 1 March 2012.

2) Petitioner in Writ Petition No.19417 of 2024-M/s. Akanksha Constructions (Akanksha) claims right in respect of larger portion of land through Agreements for Sale dated 14 December 1979 and 9 January 1981 executed by original landowners. Akanksha proposed construction of building comprising of wings ‘A’ and ‘B’ in respect of land situated at CTS No.92 and 80 and accordingly submitted plans for sanction to the Municipal Corporation of Greater Mumbai. Though the total area of land bearing CTS Nos.92 and 80 was 3491 sq.mts, it appears that Town Planning Scheme (TPS) was being implemented at the relevant time and the process of giving final plot number was underway. On account of pendency of implementation of TPS, Akanksha made FSI calculations on land admeasuring 1669.61 sq.mts and proposed construction