VAISHNAVI ASSOCIATES THR ITS PARTNER AND ANRversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND ORS

Neeta Sawant                                                8-WP-12597-2026.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION


                     WRIT PETITION NO. 12597 OF 2026


M/s. Vaishnavi Associates, through its                            ...Petitioners
Partner & Anr.


                    : Versus :


The State of Maharashtra & Ors.                                   ...Respondents



Mr. Pavan Patil a/w. Mr. Tanmay A.Deshmukh, Mr. Soham Badole and Mr.
Parth Malusare, for the Petitioners.

Mr. Nimesh Bhatt, for Respondent No.4.



                                           CORAM:        SANDEEP V. MARNE, J.
                                            DATED:       30 SEPTEMBER 2026.


P.C.:


1)                The petition challenges order dated 11 December 2025
passed by the District Deputy Registrar, Co-operative Societies, Thane
and Competent Authority (Competent Authority).


2)                I have heard Mr. Patil, the learned counsel appearing for the
Petitioners and Mr. Bhatt, for Respondent No.4 and considered the
submissions canvassed by them.

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3)             Petitioners claim that they are the owners of the land in
question by virtue of sale-deed dated 15 February 2017 and 16 th
February 2017. However, perusal of the sale-deeds would indicate that
the land has been sold to the Petitioners on ‘as is where is’ basis.
Petitioners have purchased the land with full knowledge of the fact that
a building is constructed thereon and flats in the building are sold and
occupied by the flat purchasers.     It appears that the Petitioners earlier
opposed the formation of a Co-operative Society and succeeded in those
proceedings by order dated 10 January 2020.             The Divisional Joint
Registrar ordered cancellation of registration granted to the society
formed by the unit purchasers. Later, the unit purchasers apparently
filed a fresh proposal and by order dated 8 September 2026, the
Assistant Registrar has registered 'Shree Krishna Industrial Estate Co-
operative Society Ltd.' On application made by the society, the
Competent Authority has granted conveyance of the land and building
in favour of the society.


4)             Even if Petitioners may have purchased the land from the
erstwhile land owners, what they have purchased essentially is mere an
obligation to convey the land and building in favour of the organization
of flat purchasers. Merely because the land owner/developer commits
breach of statutory obligation under Section 11(1) of Maharashtra
Ownership Flats (Regulation of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963 (MOFA) and alienates the land to
a third party instead of conveying the same to the society, the same does
not affect the right of the society to secure conveyance of the land. By a
statutory fiction, divestment of title of the original land owner took
place the moment all the flats in the building are sold. Only obligation

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to execute a formal document of conveyance remained to be performed
by the land owner. What is performed by the Competent Authority is
only the latter part of vesting of title in favour of the organization of flat
purchasers when the original land owner/developer refuses to co-
operate in execution of such conveyance. In the present case, there was
nothing left for the original land owner to be sold in favour of either Mr.
D’mello or in favour of the Petitioner.          After construction of the
building and sale of flats what remained with the original land owner
was mere obligation to convey the land and building to the flat
purchasers.     What the original land owner/Mr.D’mello sold to the
Petitioner is only the obligation under Section 11(1) of MOFA to convey
his right, title and interest in the land and the building in favour of the
society.


5)             It is strenuously sought to be argued on behalf of the
Petitioner that though Petitioner was impleaded as party opponent in
the deemed conveyance application, it never received any notice in the
application.    My attention is invited to the title in the order which
indicates that the full address of the Petitioner was not reflected on
account of which the Petitioner apparently did not receive notice of the
application. However, even if Petitioner was to receive a notice of the
application, all that it would have contended before the Competent
Authority is the factum of sale of the land to him vide sale-deed dated 15
and 16 February 2017. Thus, even after hearing the Petitioner, the
Competent Authority could have proceeded to grant certificate of
deemed conveyance of land and building in favour of the Respondent-
society.



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6)             It appears that conveyance deed in pursuance of the order
dated 11 December 2025 has already been registered in favour of
Respondent No.3-society. In these circumstances, I am not inclined to
remand the proceedings only for the purpose of grant of opportunity of
hearing to the Petitioner.    This Court has heard the Petitioner and
considered all the objections raised by it.       The objections raised on
behalf of the Petitioner does not appeal to this Court. Ordinarily the
objection ought to have been considered and decided by the Competent
Authority. However, looking at the unique facts and circumstances of
the present case, I have considered and decided the objections raised on
behalf of the Petitioner. It appears that the building has been
constructed some time in the year 1973 and the building is without
conveyance for over 50 years.       Instead of conveying        the land and
building in favour of organization of flat purchasers, the original land
owner has defaulted in the statutory obligation and erroneously
conveyed the land to third parties (Mr. Dmello and thereafter to the
Petitioner).     The purchase is made the Petitioner with objective of
earning profits in the redevelopment process.           That what lawfully
belongs to the society is purchased by the Petitioner.                     The
redevelopment of the building will be carried out by the society, which is
the real owner of the land. The objective behind filing this petition is to
create hurdles in the conveyance and to delay the same so that
Petitioner has a stake in the redevelopment process. I am therefore not
inclined to exercise extraordinary jurisdiction under Article 227 of the
Constitution of India, even though Petitioner may not be served with
notice of the application, since I am satisfied with the ultimate outcome
of the proceedings.



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                   7)             Considering these unique circumstances of the case, I am
                   not inclined to disturb the impugned order which results in vesting of
                   title in the land and the building in favour of the organization of flat
                   purchasers which is the real objective behind S.11 of MOFA. The Writ
                   Petition is accordingly rejected.


NEETA                                                              [SANDEEP V. MARNE , J.]
SHAILESH
SAWANT
Digitally signed
by NEETA
SHAILESH
SAWANT
Date: 2026.10.03
17:04:30 +0530




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