Case Note & Summary
The dispute arose from the Petitioner-Society's challenge to the order dated 4 May 2017, which did not grant a specified share in the Recreational Ground (RG) area despite conveying other land rights. The Petitioner had previously secured a deemed conveyance of 2625.84 square meters but sought a proportionate share of 463.38 square meters in the RG area of 1086 square meters. The Petitioner argued that the Competent Authority had jurisdiction to correct the order to reflect this share, while the Respondents contended that the Petitioner had already received what it sought and could not now claim additional rights. The court noted that the issue of the Petitioner’s share in the RG was critical for future redevelopment and that the Competent Authority had erred by not specifying this share in its order. The court ultimately allowed the Petition, setting aside the earlier order and granting the Petitioner the right to challenge the original order for the purpose of securing its exact land entitlement in the RG area.
Headnote
A) Property Law - Deemed Conveyance - Proportionate Share in Recreational Ground - Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, Section 11 - The court held that the Competent Authority failed to specify the exact share of the Petitioner-Society in the Recreational Ground area, which is essential for future redevelopment. The court granted liberty to challenge the original order for determining the exact entitlement (Paras 27-33).
Issue of Consideration
Whether the Petitioner-Society is entitled to a proportionate share in the Recreational Ground area as per the order dated 4 May 2017.
Final Decision
The court set aside the order dated 12 January 2026 and granted liberty to the Petitioner-Society to challenge the order dated 4 May 2017 for the purpose of securing its exact land entitlement in the RG area.
Law Points
- Deemed conveyance
- proportionate share
- common amenities
- jurisdiction of Competent Authority
- principles of delay and laches
- FSI calculation
