M/S. Sharda Vastu Nirmitee Pvt. ... vs Aum Gayatri Darshan Cooperative ...
2021 Latest Caselaw 2243 Bom

                                                                    15.wp.1107-15.doc

Bhogale

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO. 1107 OF 2015


          M/s. Sharda Vastu Nirmitee Pvt. Ltd.                  .. Petitioner
                vs.
          Aum Gayatri Darshan Cooperative Housing
          Society Ltd. & Ors.                                   .. Respondents
                                ------------------------
          Mr. Rajesh S. Datar for the Petitioner.
          Mr. Ganesh S. Bhat for Respondent No.1.
          Mr. S.H. Kankal, AGP for the State.
                                     ------------------------

                                    CORAM           : M.S.KARNIK, J.

                                    DATE            :   FEBRUARY 3, 2021


          P.C.:-

Heard learned counsel for the parties.

2. The impugned order granting deemed conveyance is in

respect of an area admeasuring 1672.27 sq.mtrs. issued under

Section 11(3) of the Maharashtra Ownership Flats (Regulation of

the Promotion of Construction, Sale, Management and Transfer)

Act, 1963 ('the said Act' for short). My attention is invited to page

34 of the Petition which is a map indicating structure A, B, C, D, E

and F (hereinafter referred to as 'the said structures' for short). It

is the contention of learned counsel for the Petitioner that in so

15.wp.1107-15.doc

far as the said structures are concerned, the same are owned by

the Petitioner and presently in occupation of tenants. The

Petitioner had purchased the subject land from the erstwhile

owner M/s. Gayatri Estate Corporation. The deemed conveyance

has been granted on the basis of the agreement for sale dated

24.08.1978 which is executed between the fat purchasers and

the builders.

3. The Petitioner's contention is that Respondent No.1-Society

has no right, title or interest in respect of the said structures

situate in the Society premises. It is Petitioner's apprehension

that the said area would be included in the deemed conveyance.

Learned counsel says that Petitioner is entitled to develop the

area of 343.50 sq.ft. which comprises the said structures.

4. This Court in number of judgments and particular in the

case of Mazda Construction Company & Others v/s

Sultanabad Darshan CHS Ltd. & Others1 has clarifed that an

order granting deemed conveyance will not conclude the issue of

right, title and interest in the immovable property and to such an

extent as is apprehended by the Petitioner. It is not as if such an

order is passed that the Petitioners have no remedy to question

1 2013 (2) ALL MR 278

15.wp.1107-15.doc

the act of the society on the strength of such deemed

conveyance. The Petitioner can still bring a substantive suit on

the title or for other appropriate reliefs as regards the said

structures shown in the map of which the Petitioner's claim

ownership presently in occupation of the tenants. It is always

open for the Petitioner to fle a substantive suit claiming

appropriate reliefs by pointing out the relevant documents and

records so also by leading oral evidence substantiating the

Petitioner's claim. It is not possible in writ jurisdiction and in the

garb of examining the legality and correctness so also validity of

the deemed conveyance to examine the issues raised by the

Petitioner in this Petition. They concern the right, title and

interest in the immovable property. Therefore, by clarifying that

the order of deemed conveyance shall not preclude or prevent

the Petitioner from fling a suit and claiming therein appropriate

reliefs, the Petition is disposed of.

(M.S.KARNIK, J.)

Digitally signed by Diksha Diksha Rane Rane Date:

2021.02.03 18:44:48 +0530