Where an appellate court mandates redevelopment of a consolidated land plot as a composite project, individual plot occupants cannot seek separate demarcation or injunctive relief against development. Adherence to superior judicial directives is paramount, and attempts to relitigate previously rejected claims regarding land exclusion are legally impermissible.

JUDGEMENT.:

1. Heard Mr. Paranjape, learned Advocate for Applicant, Mr. Khandeparkar, learned Advocate for Defendant No.1 and Mr. Dalal learned AGP for Defendant No.3 – Corporation.

2. Suit is filed on 11.07.2024. Interim Application No.4657 of 2025 is filed by Defendant No.1 under Order VII Rule 11 of Civil Procedure Code, 1908 (for short "CPC") seeking rejection of Plaint. Interim Application No.6622 of 2025 of CPC is filed by Plaintiff seeking interim reliefs. By consent of parties Interim Application No.6622 of 2025 is heard finally for interim reliefs. Parties shall be referred to as Plaintiff and Defendant for convenience. Lis is essentially between Plaintiff and Defendant No.1.

3. Plaintiff is a registered Cooperative Housing Society comprising of 21 members occupying flats in a building situated on Plot No.231, Cadastral Survey No.582, Mahim Division, T.H. Kataria Marg, S. Keer Marg, Matunga (West), Mumbai – 4000016 (for short “larger land”). Defendant No.2 was owner of larger land and by Agreement dated 01.02.1995 assigned right, title and interest of subject land to Defendant No.1 – Developer. Larger land admeasures 6067 square meters out of which Plaintiff – Society claims ownership of 938 square meters. Plaintiff – Society’s building is constructed upon 234.27 square meters and it is in possession of 441 square meters. However in the Suit proceedings Plaintiff claims entitlement to 938 square meters out of the larger land (6067 square meters).

4. Briefly stated, Defendant No.2 was original owner of larger land and applied to Municipal Corporation of Greater Mumbai for approvals of development of the larger land (6067 square meters). After receiving requisite approval and Commencement Certificate, on 04.05.1982 Defendant No.2 began construction on the larger land as per sanctioned plan. On 02.11.1983, Executive Engineer “G” North Ward issued No Objection Certificate and pursuant to all approvals, Defendant No.2 sold flats in the proposed to be constructed thereon buildings between 1983 – 1984 and entered into requisite agreements as per Maharashtra of Ownership of Flats Act, 1963 (for short “MOFA”) with flat purchasers.

4.1. On 15.10.1987, Executive Engineer, Building Proposals of the Corporation issued Occupation Certificate and flat purchasers took possession of their respective flats. On 06.01.1990, Sub – Registrar of Cooperative Societies issued Registration Certification to Plaintiff – Society registering it as a Cooperative Housing Society. In or about 1995, Defendant No.2 transferred right, title and interest of the entire larger land in favour of Defendant No.1. On 30.10.2002, Plaintiff – Society addressed notice to Defendant No.1 seeking conveyance of the Suit property.

4.2. In or about 2006, certain occupants on larger land filed Writ Petition in this Court seeking redevelopment of larger land. This Court decided the Writ Petition and order passed by this Court was challenged before the Supreme Court in Civil Appeal No.9878 of 2016. By order dated 12.04.2017 Supreme Court directed Defendant No.1 to develop entire larger property (6067 square meters) within a period of 42 months from 12.04.2017. In view of non-compliance of order dated 12.04.2017, the tenants / occupants on larger land filed Contempt Petition (Civil) No.442 of 2021 wherein Supreme Court passed order dated 19.04.2022 directing Defendant No.1 to develop entire larger land within 36 months.

4.3. Defendant No.1 addressed letter dated 10.05.2022 informing Plaintiff – Society