PRABHA VINAYAK CO-OPERATIVE HOUSING SOCIETY LTD.versusTHE STATE OF MAHARASHTRA THRO. THE DISTRICT DEPUTY REGISTRAR

2026:BHC-AS:40620
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                WRIT PETITION NO.12849 OF 2026

             Prabha Vinayak Co-operative Housing Society Ltd.                ....Petitioner
                   V/S
             The State of Maharashtra & Ors.                                 ....Respondents
                                            _________

             Dr. Uday P. Warunjikar with Ms. Sonali R. Chavan i/b Mr. Aditya P.
             Kharkar for the Petitioners.
             Mr. Rohan Sawant with Ms. Uma Acharya, Mr. Vijay Mulchandani i/b
             Jayakar & Partners for Respondent No.2.
             Ms. Triveni Jawale i/b Markand Gandhi & Co. for Respondent No.3.
             Mr. A.C. Bhadang, AGP for Respondent No.1/State.
                                            __________

                                        CORAM : SANDEEP V. MARNE, J.
                                        DATE : 05 OCTOBER 2026.

             P.C.:


             1.       The Petition challenges order dated 30 March 2026 passed by the
             District Deputy Registrar, Co-operative Societies, Mumbai-1 (City) and
             Competent      Authority   granting   certificate       of   unilateral         deemed
             conveyance of land admeasuring 1277.45 square meters and building
             constructed thereon in favour of Respondent No.2-Society.


             2.       I have heard Dr. Warunjikar, the learned counsel appearing for
             Petitioner-Society, Mr. Sawant, the learned counsel appearing for
             Respondent No.2-Society, Ms. Jawale, the learned counsel appearing for
             Respondent No.3 and Mr. Bhadang, learned AGP appearing for
             Respondent No.1-State.
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3.       It appears that Petitioner is a Society formed by the occupiers of
the original structure on the land, who are now allotted rehab
tenements. Respondent No.2 is a Society formed by sale component
members. Petitioner-Society has already filed Suit before City Civil
Court, inter alia, for grant of joint conveyance of the entire plot of land in
favour of Petitioner-Society and Respondent No.2-Society. It appears
that there is also a dispute with regard to certain parking spaces located
in the building of Respondent No.2-Society, to which Petitioner-Society
has staked a claim.


4.       Respondent No.2-Society does not desire a joint conveyance. It
sought independent conveyance of portion of land in its favour and filed
Application No.34 of 2025 before the Competent Authority. Respondent
No.2-Society relied on certificate of the Architect, which indicates that
the gross plot area is 2305.20 square meters. After deduction of area for
road setback of 88.28 square meters, the net plot area available for sub-
division is 2216.92 square meters. The Architect has conducted the
exercise of proportionate land division depending on the built-up area
utilized for construction of buildings of both the Societies. The share of
the Petitioner-Society in respect of the net plot area is 42.38%, whereas
such share of Respondent No.2-Society is 57.62%. Accordingly, the
Architect has computed share of the Respondent No.2-Society in the
plot as 1277.45 square meters. The share of Petitioner-Society is
indicated as 939.47 square meters.




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5.       The Competent Authority has correctly taken into consideration
the land division made by the Architect of Respondent No.2-Society and
has correctly conveyed in favour of Respondent No.2-Society land
admeasuring 1277.45 square meters.



6.       Petitioner-Society is not left high and dry, as it would be entitled
to claim balance land admeasuring 939.47 square meters. It can secure
conveyance of land admeasuring 939.47 square meters either through
the civil suit which is pending before the City Civil Court. Alternatively,
it can withdraw the prayer for conveyance from the civil suit and apply
to the Competent Authority for conveyance of land admeasuring 939.47
square meters. If, on the other hand, Petitioner-Society believes that
individual conveyance cannot be granted in favour of Respondent No.2-
Society, and what can be granted in law is only a joint conveyance in
favour of the two Societies, it can incorporate challenge to the order
dated 30 March 2026 in the pending suit. It is for Petitioner-Society to
decide what course of action it desires to adopt in the facts of the
present case.


7.       So far as disputes relating to parking spaces are concerned, the
Competent Authority is incapable of resolving the same in exercise of its
limited jurisdiction. The said issue needs to be decided in pending suit.
Mere conveyance of land admeasuring 1277.45 square meters would not
come in the way of Petitioner-Society getting adjudicated its rights in
respect of parking spaces located in the constructed portion of land
conveyed in favour of Respondent No.2-Society.

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                         8.       Leaving open all the remedies to the Petitioner-Society as
                         discussed above, and upholding the order dated 30 March 2026 passed by
                         the Competent Authority, the Writ Petition is disposed of.



                                                                    (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                               Page No. 4 of 4
Designation: PS To Honourable Judge
Date: 07/10/2026 11:13:22