Case Note & Summary
The Petitioner, Neelkanth Mansions & Infrastructure Private Limited, is a developer of a large integrated project named 'Neelkanth Greens' at Majiwada, Thane, comprising multiple residential buildings, row houses, and common amenities on land admeasuring 56,654 sq.mtrs. The project was sanctioned under a common layout approval by Thane Municipal Corporation on 28 September 2023. Respondent No.2 is a Co-operative Housing Society of purchasers of 12 row houses, which obtained an occupancy certificate on 17 July 2007. On 10 September 2025, the Society filed an application under Section 11(3) of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) before the District Deputy Registrar, Co-operative Societies, Thane (Competent Authority) seeking deemed conveyance of land admeasuring 929.84 sq.mtrs, comprising 788.63 sq.mtrs of exclusive plot area and 141.21 sq.mtrs of proportionate recreational ground. The Petitioner opposed the application, contending that since TDR admeasuring 24,950.45 sq.mtrs was utilised for construction of buildings in the layout, conveyance should be limited to plinth and appurtenant area as per GR dated 22 June 2018. The Competent Authority allowed the Society's application and issued a certificate of unilateral deemed conveyance of the said land. The Petitioner challenged this order by way of a writ petition. The High Court considered the issue of whether it is mandatory to convey only plinth and appurtenant area when TDR is utilised, or whether the principle of land division proportionate to built-up area can be applied when TDR is distributed across all buildings in the layout. The Court held that the GR dated 22 June 2018 does not mandate conveyance of only plinth and appurtenant area; rather, it provides for proportionate land division based on built-up area. The Competent Authority failed to consider the applicability of the GR and the fact that TDR was utilised across the entire layout. The Court set aside the impugned order and remanded the matter to the Competent Authority for fresh consideration, directing it to determine the proportionate land to be conveyed to the Society based on the built-up area of the row houses vis-à-vis the total built-up area in the layout, after giving an opportunity of hearing to both parties.
Headnote
A) Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Section 11(3) - Deemed Conveyance - TDR Utilisation - When TDR is utilised in construction of buildings in a layout, it is not mandatory to convey only plinth and appurtenant area; the principle of land division proportionate to built-up area can be followed if TDR is distributed across all buildings in the layout. The Competent Authority's order granting conveyance of 929.84 sq.mtrs was set aside and remanded for fresh consideration. (Paras 1, 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20) B) Government Resolution dated 22 June 2018 - Conveyance - TDR - The GR does not mandate that only plinth and appurtenant area be conveyed when TDR is used; it provides for proportionate land division based on built-up area. The Competent Authority failed to consider the applicability of the GR and the fact that TDR was utilised across the entire layout. (Paras 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20)
Issue of Consideration
Whether it is mandatory to convey only the plinth and appurtenant area to the organization of flat purchasers when TDR is utilised in construction of buildings in the layout or whether the principle of land division proportionate to built-up area utilised in construction of buildings in the layout can also be followed in a given case where use of TDR is not restricted to a particular building and TDR is distributed across all buildings in the layout.
Final Decision
The impugned order dated 30 January 2026 passed by the Competent Authority is set aside. The matter is remanded to the Competent Authority for fresh consideration in accordance with law, after giving an opportunity of hearing to both parties. The Competent Authority shall determine the proportionate land to be conveyed to Respondent No.2-Society based on the built-up area of the row houses vis-à-vis the total built-up area in the layout, taking into account the GR dated 22 June 2018 and the fact that TDR was utilised across the entire layout.
Law Points
- Conveyance under MOFA when TDR utilised
- Plinth and appurtenant area vs proportionate land
- Principle of land division proportionate to built-up area
- GR dated 22 June 2018 interpretation
