Bombay High Court
BELL HEAVEN CO OP. HSG. SOC. LTDversusDISTRICT DEPUTY REGISTRAR CO OP. SOC. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the certificate of unilateral deemed conveyance must be based on the proportionate share of land determined by the built‑up area, as per the Satellite Garden 1 precedent, and set aside the order limiting it to plinth and appurtenant areas.
Summary
The Bell Heaven Cooperative Housing Society Ltd filed a writ petition challenging a July 1, 2025 order that granted it a certificate of unilateral deemed conveyance only for the plinth and appurtenant areas of its building, alleging that it was denied land proportionate to its built‑up area. The Court examined the earlier decision in Satellite Garden 1 Cooperative Housing Society Ltd. v. State of Maharashtra, which requires land to be divided proportionately based on the built‑up area used in construction when such a share can be ascertained. Applying that principle, the Court held that limiting the conveyance to plinth and appurtenant areas alone was inappropriate. Consequently, the Court set aside the impugned order and remanded the matter to the Competent Authority for fresh adjudication in line with the Satellite Garden 1 ratio. The parties were directed to appear before the Authority and may file additional documents, with the new order to be issued within six months. The petition was disposed of in favour of the petitioner.
Issues considered
- Whether a certificate of unilateral deemed conveyance can be limited to plinth and appurtenant areas when the society's proportionate share of land can be determined from the built‑up area.
- Whether the principles laid down in Satellite Garden 1 Cooperative Housing Society Ltd. v. State of Maharashtra are applicable to the present case.
Subjects
- cooperative housing society
- unilateral deemed conveyance
- proportionate land division
- built‑up area
- remand
- Satellite Garden 1 principle
Judgment
2026:BHC-AS:39117
Megha 6_wp_10575_2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10575 OF 2026
Bell Heaven Cooperative Housing
Society Limited ...Petitioner
V/s.
District Deputy Registrar, Co-operative
Society Mumbai (4) and Ors. ...Respondents
________________
Mr. Vishaki Bhatia for the Petitioner.
Mr. Pradeep Tiwari for Respondent Nos.2 and 4.
Ms. Akanksha Saxena, ‘B’ Panel with Mr. Y.D. Patil, AGP for Respondent -
State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 23 SEPTEMBER 2026.
P.C.:
1) Petition challenges order dated 1 July 2025 passed by the District
Deputy Registrar, Co-operative Societies, Mumbai City (4) and
Competent Authority (Competent Authority) granting certificate of
unilateral deemed conveyance in favour of the Petitioner-Society only in
respect of the plinth and appurtenant areas of the building. It is the
grievance of the Petitioner-Society that it is denied land proportionate to
the built-up area utilised in construction of its building.
Page No.1 of 3
23 September 2026
Megha 6_wp_10575_2026
2) I have heard Mr. Bhatia, the learned counsel appearing for the
Petitioner, Mr. Tiwari, the learned counsel appearing for Respondent
Nos.2 to 4 and Ms. Saxena, the learned ‘B’ panel counsel appearing for
the Respondent-State and have considered the submissions canvassed by
them.
3) In Satellite Garden 1 Cooperative Housing Society Ltd. V/s. State
of Maharashtra through Ministry of Housing and Ors. 1 this Court has laid
down the principles for proportionate sub-division of the land based on
built-up area utilised in construction of each building in the layout as
per the plan, which existed at the time of formation of first society in the
layout. This Court has held that ordinarily only plinth and appurtenant
area cannot be conveyed when it is possible to determine the
proportionate share of a society in the layout plan. In my view, therefore,
the impugned order deserves to be set aside and proceedings deserve to
be remanded to the Competent Authority for fresh adjudication keeping
in mind the ratio of the judgment of this Court in Satellite Garden 1
Cooperative Housing Society Ltd. (supra).
4) Petition accordingly succeeds and I proceed to pass the following
order:-
(i) Order dated 1 July 2025 passed by the Competent
Authority in Application No.266 of 2024 is set aside.
(ii) Proceedings are remanded to the Competent Authority
for fresh adjudication. The Competent Authority shall
keep in mind the principles determined by this Court
1 Writ Petition No.1128 ofo 2026, decided on 16 September 2026
Page No.2 of 3
23 September 2026
Megha 6_wp_10575_2026
in Satellite Garden 1 Cooperative Housing Society Ltd.
(supra) while deciding the remanded proceedings.
(iii) Parties shall appear before the Competent Authority
on 5/10/2026 alongwith copy of the order downloaded
from the website and shall apply for fixation of dates
of hearing in the remanded proceedings.
(iv) Parties shall be at liberty to file additional documents
including certificates of their respective Architects
indicating proportionate land division.
(v) The Competent Authority shall proceed to pass the
order in the remanded proceedings as expeditiously as
possible, preferably within a period of six months.
5) All rights and contentions of the parties are left open.
6) With the above directions, the Petition is disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.3 of 3
Designation: PA To Honourable Judge 23 September 2026
Date: 24/09/2026 17:30:07
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