Case Note & Summary
The petitioner, Allarkha Ismail, filed a writ petition before the Bombay High Court challenging a deemed conveyance executed in favor of Respondent No.7, Vardhan Apartments CHS Ltd., and seeking to quash the same. The petitioner claimed that Final Plot No.190 at Nanda Patkar Road, Vile Parle (East), Mumbai, was allotted to him as he had purchased the original plot (CTS No.1582) from Bhagat Singh Shankarbhai Solanki via a registered sale deed dated 30.09.1985. He alleged that the respondents, including the State of Maharashtra, BMC, and the cooperative society, had illegally executed a deemed conveyance of the land to the society, ignoring his rights. The respondents opposed the petition, arguing that the land had been acquired under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) and was part of a development plan. The final plot was allotted to the society, which had constructed a building and obtained occupation certificates. The revenue records, including the property card and 7/12 extracts, showed the society as the owner. The court examined the documents and found that the petitioner's claim of title was not supported by any revenue records or evidence of possession. The land had vested in the State upon acquisition, and the petitioner's sale deed from 1985 did not confer any right against the subsequent acquisition and allotment. The court held that the petitioner had no locus standi to challenge the deemed conveyance, as he had failed to establish his title. The petition was dismissed with costs of Rs. 25,000, and the rule was discharged.
Headnote
A) Property Law - Deemed Conveyance - Challenge to Title - The petitioner claimed title to Final Plot No.190 based on a 1985 sale deed and allotment under the MRTP Act, but the land was acquired by the State and allotted to the respondent society under a development plan. The court held that the petitioner failed to establish his title as the land vested in the State free from encumbrances upon acquisition, and the revenue records showed the society as the owner. The deemed conveyance in favor of the society was upheld. (Paras 2-20) B) Maharashtra Ownership of Flats Act, 1963 - Section 11 - Deemed Conveyance - The court held that the deemed conveyance executed under Section 11 of the MOFA is valid when the society has been allotted the land by the planning authority and the petitioner's claim of title is not supported by revenue records or evidence of possession. The petitioner's challenge was dismissed. (Paras 15-20) C) Maharashtra Regional and Town Planning Act, 1966 - Acquisition and Final Plot - The land in question was acquired under the MRTP Act and a final plot was allotted to the respondent society. The court held that the acquisition divested the original owner of title, and the petitioner, claiming through a prior sale, could not assert any right against the society. (Paras 5-10)
Issue of Consideration
Whether the petitioner, claiming title to the land based on a sale deed and allotment of Final Plot No.190, can challenge the deemed conveyance of the same land to the respondent cooperative housing society, and whether the petitioner has established his title to the land.
Final Decision
The petition is dismissed with costs of Rs. 25,000. Rule discharged.
Law Points
- Deemed conveyance under Section 11 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction
- Sale
- Management and Transfer) Act
- 1963
- Title to land
- Acquisition under Maharashtra Regional and Town Planning Act
- 1966
- Final Plot allotment
- Conclusive nature of revenue records
- Locus standi of petitioner
