SHANTINATH DEVELOPERS Vs. COMPETENT OFFICER & DISTRICT DEPUTY

JUDGEMENT

(1.) By the present Writ Petition, the petitioner calls in question the legality and correctness of the order dtd. 9/11/2023 passed by respondent No. 1 in exercise of powers under Sec. 11(3) of the Maharashtra Ownership of Flats Act, 1963. The challenge is directed against the grant of deemed conveyance in favour of respondent No. 2.

(2.) The facts giving rise to the petition are as follows. The petitioner is the developer of land bearing Survey No. 370, H.N. 1, 2, 3/1, 3/3, 4 to 16, 18 to 30 (Old) and Survey No. 435 (New), admeasuring in aggregate 27,160 square metres, situated at Village Bolinj, Taluka Vasai, District Palghar. After obtaining requisite sanctions from the competent authorities, the petitioner undertook development of a group housing scheme known as "Yadushree Complex" on the said property. The southern portion of the property, admeasuring 4,023 square metres, was developed by constructing two buildings comprising five wings. Occupation Certificates for these wings were obtained during the period 2013 to 2014, and possession of the completed structures was duly handed over. An area admeasuring 3,425 square metres earmarked as Development Plan road was surrendered to the Vasai Virar City Municipal Corporation. The northern portion of the larger property, admeasuring approximately 9,145 square metres, is affected by a reservation for a high school and is accordingly not available for free development.

(3.) In the central portion of the property towards the western side, admeasuring 3,797.85 square metres, the petitioner developed a separate project known as "Venu Madhav," consisting of three wings designated as A, B and C. Construction of the said project was completed. The co-operative housing society of the purchasers in the said three wings came to be registered on 27/9/2018. Thereafter, the project was formally handed over to the said society on 4/2/2019.