Bombay High Court

SHUBH SHREYAS CO OP HSG. SOC THR ITS CHAIRMANversusSANDIPANI CO OP HSG. SOC THR ITS CHAIRMAN AND ORS

Decided: 29 August 2026
Disposal: Disposed Off

Holding

The Court held that the conveyance of 2,648.12 sq m was proportionate and correct, and there was no warrant for interference.

Summary

The petitioners challenged a February 2022 order of the Competent Authority and District Deputy Registrar, Co-operative Societies, Thane, which issued a certificate of unilateral deemed conveyance of 2,648.12 square metres of land to Sandipani Co‑operating Housing Society Ltd. They contended that development rights were granted only for 26,100 square feet and that the conveyed area was excessive. The Court noted that architect certificates from both the petitioners and Sandipani Society had already been filed, showing that the conveyed area corresponded to Sandipani’s proportionate share of the built‑up area. Consequently, the Court found no ground to interfere with the impugned order. Both writ petitions were dismissed.

Issues considered

Whether the certificate of unilateral deemed conveyance of land exceeding the originally granted development area is valid.
Whether the Court should set aside the order of the Competent Authority on the basis of alleged excess land conveyance.

Subjects

unilateral deemed conveyance
co-operative housing society
architect certificate
land conveyance
proportionate share
development rights
writ petition
Co-operative Societies Act

Judgment

Renuka                                            12-WP-8968-2022.docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION
                      WRIT PETITION NO. 8968 OF 2022
Vaidya And Co. Through Partners                    ...Petitioner
                  V/s.

Sandipani Co-Op Housing Soc Through               ...Respondents
Chairman and Ors
                              WITH
                  WRIT PETITION NO. 11997 OF 2022
Shubh Shreyas Co Op Hsg. Soc through               ...Petitioner
its Chairman
                  V/s.

Sandipani Co-Op Housing Soc Through               ...Respondent
Chairman and Ors
                          ________________
Mr. Saurabh Oka for Petitioner in WP8968/2022.
Mr. S. C. Wakankar for Petitioner in WP. 11997/2022 and Respondent No.
3 in WP. 8968/2022.
Mr. Sandesh Deshpande, with Ms. Priti Karande for Respondent No. 1 in
both the Petitions.
Ms. S. D. Chipade, AGP for Respondent-State in WP. 8968/2022.
Ms. S. R. Crasto, AGP for Respondent-State in WP. 11997/2022
                              ________________
                                        CORAM: SANDEEP V. MARNE, J.
                                        DATED: 29 AUGUST 2026.


P.C.:




                                 Page No.1 of 3
                                29 August 2026
Renuka                                              12-WP-8968-2022.docx


1)           These Petitions challenge order dated 22 February 2022
passed the Competent Authority and District Deputy Registrar, Co-
operative Societies, Thane(Competent Authority) issuing certificate of
unilateral deemed conveyance conveying land admeasuring 2648.12 Sq.
Mtrs in favour of Respondent-society (Sandipani Co-operating Housing
Society Ltd.).


2)           I have heard Mr. Oka, the learned counsel appearing for the
Petitioner in WP No. 8968/2022, Mr. Wakankar the learned counsel
appearing for Petitioner in WP. 11997/2022 and Respondent No. 3 in WP
No. 8968/2022, Mr. Deshpande, the learned counsel appearing for
Respondent No. 1 in both the Petitions. Ms. Chipade, the learned AGP
appearing for Respondent-State in WP No. 8968/2022, Ms. Crasto, the
learned AGP. Respondent-State in WP No. 11997/2022.


3)           Mr. Wakankar, the learned counsel appearing for the
Petitioner in Writ Petition No. 11997 of 2022 submits that despite
making best efforts, his client-society is not responding for the purpose
of production of architect’s certificate as directed by this Court. He
submits that he has issued letter to his clients giving his NOC.


4)           This Court already has two architect certificates submitted
by the Petitioner in Writ Petition No. 8968/2022 and by Sandipani Co-
operative Society. In my view therefore, it is not necessary to await the
architect certificate of Petitioner in Petition No. 11997/2022. I
accordingly proceed to decide both the Petitions.



                                 Page No.2 of 3
                                29 August 2026
                          Renuka                                               12-WP-8968-2022.docx


                          5)          The only objection that is sought to be raised by the
                          Petitioners is that the developments rights were granted only in respect
                          of area admeasuring 26,100 Sq. Ft. whereas what is conveyed in favour of
                          Sandipani society is excess area of 2648.12 Sq. Mtrs. Petitioner in Writ
                          Petition No. 8968 of 2022 as well as Sandipani Society have placed on
                          record certificates of their respective architects. Perusal of the said
                          certificates would clearly indicate that Sandipani Society has been
                          correctly conveyed land admeasuring 2648.12 Sq. Mtrs which is its
                          proportionate   shares   considering      the    builtup   area    utilized   in
                          construction of its building. Therefore, there is no warrant for
                          interference in the impugned order.


                          6)          Both the Writ Petitions are accordingly dismissed.


                                                                           [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                          Page No.3 of 3
Designation: PA To Honourable Judge                      29 August 2026
Date: 31/08/2026 16:53:11

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