Bombay High Court
Noel Bastyav Bendoamar vs District Deputy Registrar, Mumbai City ... on 19 January, 2024
Author: Sandeep V. Marne
Bench: Sandeep V. Marne
2024:BHC-OS:1178
k 1/3 19 wpl 34009.23 os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.34009 OF 2023
NOEL BASTYAV BENDOAMAR & ORS. ....PETITIONERS
V/S
DISTRICT DEPUTY REGISTRAR
MUMBAI CITY (4) & ORS. ....RESPONDENTS
...
Mr. Rahul R. Mishra with Ms. Shweta R. Mishra for the Petitioner.
Mr. Mohit Jadhav, Additional GP for Respondent Nos.1 and 91/State.
Ms. Vishaki Bhatia for Respondent No.2.
Mr. Prasad Apte for Respondent No.3.
...
CORAM: SANDEEP V. MARNE, J.
DATE : JANUARY 19, 2024.
P.C.:
1 The challenge in the present Petition is to the order dated 18
August 2023 passed by the District Deputy Registrar, Co-operative
Societies, Mumbai City (4) and Competent Authority granting unilateral
deemed conveyance in favour of the Society in respect of various lands.
Petitioners claim to have right, title and interest in the land so conveyed
by the Competent Authority in favour of the Society. It is Plaintiffs' case
that the Developer himself did not have title in the land and therefore the
Competent Authority could not have granted deemed conveyance of the
land in favour of the Society. It is Petitioners' contention that they have
never executed any document with the Developer transferring their
share in the suit properties. That therefore the Competent Authority
k 2/3 19 wpl 34009.23 os.doc
ought not to have granted deemed conveyance in favour of Society
without first verifying whether the Developer had perfected his title.
That since the Developer's title itself is defective, the order of deemed
conveyance must be set aside.
2 Ms. Bhatia, the learned Counsel submits that she has instructions
to appear on behalf of Respondent No.2 and undertakes to file
Vakalatnama within a period of one week from today.
3 By now it is well settled law that issuance of certificate of deemed
conveyance is not determinative of final rights and entitlements of the
parties to the land in question. In this regard reference can be made to
the judgments of this Court in Mazda Construction Company & Ors. vs.
Sultanabad Darshan CHS Limited & Ors., 2012 SCC OnLine Bom 1266,
M/s. ACME Enterprises vs. Deputy Registrar, Co-operative Societies &
Ors. 2023 SCC OnLine Bom 1101 and Tirupati Shopping Centre Premises
Co-operative Society Limited vs. Shabayesha Construction Company
Private Limited 2021 SCC OnLine Bom 623.
4 If Petitioners claim a share in the land which is conveyed by the
Competent Authority in favour of the Society, it will always open for the
Petitioners to institute a suit to claim their share. The certificate of
deemed conveyance would be subject to the decree that would be passed
by the Civil Court. The Competent Authority is not supposed to
k 3/3 19 wpl 34009.23 os.doc
undertake a detailed enquiry and investigation into the issue of title
acquired by the Developer from the original owners.
5 Reserving the liberty in favour of the Petitioners to adopt
appropriate remedies to claim share in the land conveyed to the Society,
the Writ Petition is disposed of.
(SANDEEP V. MARNE, J.)
