AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6418 OF 2017 Lok Housing & Construction Ltd.

ATUL GANESH a company incorporated under the KULKARNI Digitally signed by provisions of Companies Act, 1956, ATUL GANESH KULKARNI Date: 2025.04.02 through it’s Resolution Professional

15:49:07 +0530 Mr. Hemant J. Mohite, having registered address at

4, Lok Bhavan, Ground Floor, Lok Bharti Complex, Marol Maroshi Road, Andheri (East), Mumbai 400 069. … Petitioner V/s.

1. State of Maharashtra, through the office of the learned Government Pleader, High Court, Appellate Side, Bombay.

2. The District Deputy Registrar, Cooperative Societies (2), Mumbai & Competent Authority, Eastern Suburbs, Mumbai Office at Konkan Bhavan, Navi Mumbai 614.

3. Lok Everest Cooperative Housing Society Ltd., a society registered under the provisions of Maharashtra Cooperative Societies Act, 1960 having its registered office at Everest Complex, J.S. Dosa Road, Mulund, Mumbai 400 080 4. Everest Industries Ltd., A company incorporated under the provisions of Companies Act, 1956 having its registered address at Gat No.152, Lakhmapur, Taluka Dindori, District Nashik 422 202

5. Lok Everest Mansarovar Cooperative Housing Society Ltd., a society registered under the provisions of the Maharashtra Cooperative Societies Act, 1960 having its address at Ground Floor, B-Wing, J.S. Dosa Road, Mulund (W), Mumbai 400 080 … Respondents Ms. Swati Dalmia & Ms. Rishika A. Jain, Mr. Orijit Chatterjee, i/by Fox Mandal & Associates LLP for the petitioner.

Mr. Bapusaheb Dahiphale, AGP for respondent Nos.1 &

2-State.

Mr. Bhavik Manek with Mr. Mukesh Gopta, & Ms.

Ashwini Patel i/by Solicis Lex for respondent No.3.

Mr. Niket Dalal i/by Mr. Himanshu Vidhani for respondent No.4.

Mr. Sanjay T. Manek with Mr. G.S> Bhatt for respondent No.5.

CORAM : AMIT BORKAR, J. RESERVED ON : MARCH 24, 2025 PRONOUNCED ON : MARCH 26, 2025 JUDGMENT:

1. By way of this writ petition filed under Article 226 of the Constitution of India, the petitioner, who is a developer, has challenged the legality, validity, and propriety of the impugned judgment and order dated 21st March 2017 passed by the District Deputy Registrar, Cooperative Societies, Mumbai. The said impugned order was passed in Application No. DC 1003197/2016 and is accompanied by a certificate of deemed conveyance issued on the same day in favour of respondent No.3 – the Co-operative Housing Society. The said certificate pertains to the land admeasuring 5219.90 square metres along with the undivided share and interest in the common areas and common facilities to the extent of 17288.80 square metres out of the total area admeasuring 29897.20 square metres forming part of the larger layout of land bearing CTS No.661/1/1.

2. The brief facts as pleaded by the petitioner are as follows:

The original owner of the property in question is M/s. Eternit Everest Limited. As per the partnership deed dated 31st July 1990, the development rights in respect of the said property were assigned to M/s. Lok Holdings. Subsequently, all rights, title, and interest, including benefits flowing from the said development agreement dated 31st July 1990, were further assigned and transferred in favour of the present petitioner-developer. Thereafter, on 22nd June 1993, a supplementary agreement was executed between the parties, thereby modifying and amending certain terms and conditions of the original agreement dated 31st July 1990. This transfer of development rights was the basis upon which the petitioner claims to have lawfully stepped into the shoes of the developer and undertaken the obligations and rights associated with the property.

3. The petitioner further submits that, in pursuance of the said development rights, he applied to the competent planning authority for development permission. Upon due consideration, the planning authority granted a commencement certificate dated 4th January 1995 for development of Plot No.5, which formed a part of