Bombay High Court
PREFERRED PROPERTIES LLP AND ANRversusDISTRICT DEPUTY REGISTRAR CO OPERATIVE SOC AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court set aside the Certificate of unilateral deemed conveyance and remanded the matter for issuance of a fresh certificate indicating the correct land entitlement and proportionate RG share.
Summary
The petition challenged the District Deputy Registrar's order dated 10 March 2022 granting a Certificate of unilateral deemed conveyance of 5,258.14 sq.mts to Respondent No.2 Society. The petitioners argued that the certificate was erroneous because it failed to specify the subdivision of the land and the proportionate share in the RG (road and green) area, and contended that subsequent subdivision of the plot and the society's de‑registration were irrelevant. The court examined the sanctioned plan of 9 May 2002, the allocation of built‑up area, and the architect's proportionate division, finding that the certificate indeed omitted the required details. It held that the error warranted setting aside the certificate and remanding the application for a fresh certificate indicating the correct land entitlement of 4,732.33 sq.mts and an undivided RG share of 525.81 sq.mts. Accordingly, the court directed the competent authority to issue the corrected certificate by 31 October 2026 and disposed of the writ petition.
Issues considered
- Whether the Certificate of unilateral deemed conveyance dated 10 March 2022 is valid despite the omission of subdivision and RG share details.
- Whether the subsequent subdivision of the plot and the de‑registration of Respondent No.2 Society affect the validity of the certificate.
- Whether the competent authority should be directed to re‑issue a fresh certificate with corrected land entitlement and RG share.
Subjects
- certificate of deemed conveyance
- co-operative societies
- land entitlement
- subdivision
- RG area
- unilateral deemed conveyance
- remand
- competent authority
Judgment
Neeta Sawant 39-WP-1200-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1200 OF 2025
Preferred Properties LLP & Anr. ...Petitioners
: Versus :
District Deputy Registrar, Co- ...Respondents
operative Society & Ors.
Mr. Shreepad Murthy i/b. Mr. Abhishek Patil, for the Petitioners.
Mr. Siddharth A. Patil, for the Respondents.
Ms. Vaishali Nimbalkar, AGP for State.
CORAM: SANDEEP V. MARNE, J.
DATED: 21 SEPTEMBER 2026.
P.C.:
1) The Petition challenges order dated 10 March 2022 passed
by the District Deputy Registrar, Co-operative Societies, Thane and
Competent Authority (Competent Authority) issuing Certificate of
unilateral deemed conveyance in respect of land admeasuring 5258.14
sq.mts in favour of Respondent No.2-Society.
2) I have heard Mr. Murthy, the learned counsel appearing for
the Petitioners, Mr. Patil, the learned counsel appearing for the
Respondents and Ms. Nimbalkar, the learned AGP for State.
PAGE NO. 1 of 4
Monday, 21 September 2026
Neeta Sawant 39-WP-1200-2025.docx
3) The first objection of Mr. Murthy to the impugned order is
that the whole plot is now subdivided by order dated 23 September
2021 and the area of plot is no longer 16,210 sq.mts. The argument is
totally baseless. The plans for construction of building of Respondent
No.2-Society are sanctioned on 9 May 2002 at which time the total plot
area was 16210 sq.mts. Therefore, subsequent subdivision allegedly
sanctioned on 23 September 2021 is totally irrelevant.
4) Mr. Murthy contends that Respondent No.2-society is now
de-registered by order dated 27 June 2025. The learned counsel
appearing for Respondent No.2-society submits that the order of de-
registration is under challenge in Appeal. In my view, the subsequent
event of de-registration of the society is irrelevant for the purpose of
deciding validity of order dated 10 March 2022 passed by the
Competent Authority.
5) Perusal of sanctioned plan dated 9 May 2002 would
indicate that the total area undertaken for construction is 16210 sq.mts
out of which land admeasuring 7590.50 sq.mts was taken up by the
developer for industrial use. 10% area of 759.05 sq.mts was reserved for
R.G. area leaving net plot area of 6831.45 sq.mts. For net plot area of
6831.45 sq.mts, total BUA sanctioned was 9867.65 sq.mts considering
loading of DP road FSI. This area on 9867.65 sq.mts was divided by the
developer as under :
Building no.I = 2960.34 sq.mts
Building No.II = 6673.89 sq.mts
________________________________
TOTAL = 9634.23 sq.mts
PAGE NO. 2 of 4
Monday, 21 September 2026
Neeta Sawant 39-WP-1200-2025.docx
6) It appears that balance BUA of 233.42 sq.mts remained
unutilised.
7) The Architect of Respondent No.2-society undertook the
exercise of proportionate land division corresponding to BUA utilised
for each of the two buildings. This is how entitlement of Respondent
No.2-Society is arrived at 5258.14 sq.mts. This entitlement is further
subdivided by the Architect as follows :
Share in the land = 4732.33 sq.mts
Proportionate share
in the RG area = 525.81 sq.mts
________________________________
TOTAL = 5258.14 sq.mts
8) The only error committed by the Competent Authority is
that while granting conveyance of land of 5258.14 sq.mts, the
Competent Authority did not indicate subdivision into plot area and
undivided share in the RG area.
9) I am not impressed by Mr. Murthy's submission that
nothing is left for Building No.I to be constructed by the Petitioner in
the RG area. The total RG area is 759.05 sq.mts out of which
Respondent No.2 is granted share only admeasuring 525.81 sq.mts. The
balance RG area can be to the advantage of Building No.I.
10) In my view, therefore the impugned Certificate of deemed
conveyance deserves to be modified by indicating entitlement of
PAGE NO. 3 of 4
Monday, 21 September 2026
Neeta Sawant 39-WP-1200-2025.docx
Respondent No.II-society in respect of the land, as well as proportionate
share in the RG. I accordingly proceed to pass the following order :
(i) Certificate of unilateral deemed conveyance dated 10 March
2020 is set aside.
(ii) The deemed conveyance application No. 1141/2021 is
remanded to the Competent Authority for issuance of fresh
certificate of deemed conveyance by indicating land entitlement
of Respondent No.2-society as 4732.33 and undivided interest
in RG area of 525.81 sq.mts (total area of 5258.14 sq.mts).
(iii) Parties shall appear before the Competent Authority
alongwith copy of this order downloaded from the website of the
Court on 1 October 2026.
(iv) The Competent Authority shall proceed to issue fresh
certificate of deemed conveyance as directed above on /or before
31 October 2026.
(v) It is clarified that the proceedings are remanded only for the
purpose of issuance of fresh certificate of unilateral deemed
conveyance as directed above and the Competent Authority
shall not venture into any other point in the remanded
proceedings.
11) With the above directions, the Writ Petition is disposed of.
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.09.23
[SANDEEP V. MARNE , J.]
15:02:10
+0530 PAGE NO. 4 of 4
Monday, 21 September 2026
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.