Case Note & Summary
The dispute arose from a petition filed by the Petitioner-Society challenging the order of the District Deputy Registrar rejecting its application for deemed conveyance of land and building. The original owners had executed agreements for sale of two plots to M/s. Modern Construction Co. Ltd., which constructed buildings on these plots. The flat purchasers formed Respondent No.3-Society, which secured conveyance for the two plots in 1971. The Petitioner-Society was registered in 2008 for a building on a third plot. The Petitioner sought deemed conveyance in 2024, which was rejected by the Competent Authority on various grounds, including lack of jurisdiction and failure to comply with requirements. The Petitioner argued that it was entitled to conveyance based on a common layout development and that Respondent No.3 had accepted its existence. The court analyzed the agreements and the history of the plots, concluding that the Competent Authority had erred in its findings. The court held that the Petitioner-Society was entitled to conveyance of a proportionate share of the layout land and remanded the matter for issuance of the deemed conveyance certificate.
Headnote
A) Co-operative Societies - Deemed Conveyance - Right to Seek Conveyance - Maharashtra Co-operative Societies Act, 1960, Section 11 - The Petitioner-Society was entitled to seek deemed conveyance of land as it was formed and registered separately, and Respondent No.3-Society had acquiesced in its formation. The court held that the Competent Authority erred in rejecting the application for deemed conveyance (Paras 32-34).
Issue of Consideration
Whether the Petitioner-Society is entitled to deemed conveyance of land and building despite objections from Respondent No.3-Society.
Final Decision
The court set aside the order dated 6 March 2025 passed by the Competent Authority and remanded the application for issuance of deemed conveyance certificate for land admeasuring 1970.45 sq.mts and FSI advantage.
Law Points
- Deemed conveyance
- Co-operative Societies
- Common layout development
- Proportionate land entitlement
- Jurisdiction of Competent Authority
