HARESH VIJAYSINH BHATIA Vs. DISTRICT DEPUTY REGISTRAR

JUDGEMENT

(1.) These two Petitions are filed challenging order dtd. 12/11/2024 passed by the District Deputy Registrar, Co-operative Society, Mumbai City (4) and Competent Authority issuing certificate of unilateral deemed conveyance of land and building in favour of Vijay-II Co-operative Housing Society Ltd. Petitioners in Writ Petition No.18739 of 2024 are referred to as 'Promoters', who were also owners of the land on which layout development is carried out. They are aggrieved by conveyance of land on ownership basis in favour of Vijay-II Co-operative Housing Society Ltd (Vijay-II CHS) and contend that flat purchase agreements contemplated demise of mere leasehold rights in favour of societies formed by flat purchasers. The Promoters are also aggrieved by conveyance of Building 'Wing-D' and land utilized for its construction in favour of Vijay-II CHS, which, according to them, is not a part of building of Vijay-II CHS. Accordingly, the Promoters have filed Writ Petition No.18739 of 2024 challenging order dtd. 12/11/2024 passed by the Competent Authority in favour of Vijay-II CHS.

(2.) Vijay Co-operative Housing Society Ltd. (Vijay CHS) is the other society in the same layout, which is also aggrieved by order of the Competent Authority dtd. 12/11/2024 and has filed Writ Petition No. 4649 of 2025. Its grievance is restricted to grant of right of way to Vijay-II CHS from main S.V. Road. Since both the Petitions challenge the same order, they are taken up for decision together.

(3.) A very brief factual narration would be necessary for better understanding of issues raised in the Petitions. Mr. Vijaysinh Liladhar Bhatia, Pratapsinh Liladhar Bhatia, Haresh Vijasinh Bhatia, Nikhil Vijaysinh Bhatia, Rajani Pratapsinh Bhatia, Kiran Pratapsinh Bhatia and Indira Vijaysinh Bhatia are described as owners of the plot of land bearing CTS No. 48 admeasuring 3245.50 sq.mtrs. with setback /DP road benefit of 662.11 sq.mtrs. situated at junction of S.V. Road and Rambaug Lane, Borivali-Mumbai 400 092 within the revenue limits of Village-Magathane, Taluka-Borivali, Mumbai Suburban District (entire plot). After death of some of the landowners, it is claimed that Petitioners in Writ Petition No.18739/2024 are owners of the entire plot, who are referred throughout the judgment as 'the Promoters'. A partnership firm was formed by name M/s. Vijay Builders, which has carried out development on the entire plot vide Intimation of Disapproval dtd. 10/5/1989. The Municipal Corporation of Greater Mumbai sanctioned plans for development of portion of the entire plot, under which the firm planned construction of buildings in the layout. There is a debate amongst parties about the exact number of buildings taken up for construction on the entire plot. According to the Promoters, three buildings have been constructed on the entire plot viz. Vijay-I, Vijay-II and Wing-D. As against this, as per the contesting Respondent- Society (Vijay-II CHS), only two buildings have been constructed on the entire plot (Vijay-I and Vijay-II). Vijay-I building comprises only two wings - 'A' and 'B', each having ground + four upper floors and consists 40 residential units. Building Vijay-II, according to promoters, comprises of three wings - 'A', 'B' and 'C', each consisting of ground + 4 upper floors and having 40 residential units. The 'D' wing consists of ground + 2 upper floors and apparently has two residential flats in which one of the promoters and his family members reside. According to Vijay-II CHS, Wing-D is part of its building, whereas the promoters contend that Wing-D is a separate building altogether.