SAMADHAN RAJARAM BHOIR AND ORSversusTHE DISTRICT DEPUTY REGISTRAR CO OP. SOC. THANE AND ORS

Neeta Sawant                                                 41-WP-14011-2025.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION
                      WRIT PETITION NO. 14011 OF 2025


Samadhan Rajaram Bhoir & Ors.                                        ...Petitioners
                    : Versus :
The District Deputy Registrar, Co-op.                                ...Respondents
Society, Thane & Ors.



Mr. Ashutosh Kulkarni i/b. Mr. Kishor Ajetrao, for the Petitioners.

Mr. Jayant Gaikwad with Mr. Kartik Malusare, for Respondent No.2.

Ms. M.S. Srivastav, AGP for State.



                                             CORAM:        SANDEEP V. MARNE, J.
                                              DATED:       21 SEPTEMBER 2026.
P.C.:
1)                The petition challenges order dated 15 July 2022 passed by
the District Deputy Registrar, Co-operative Societies, Thane and
Competent Authority              (Competent Authority) issuing Certificate of
unilateral deemed conveyance in favour of Respondent No.2-society.


2)                 I have heard Mr. Kulkarni, the learned counsel appearing
for the Petitioner and Mr. Gaikwad, the learned counsel appearing for
Respondent No.2-society and Ms. Srivastav, the learned AGP for State.


3)                 Petitioners are the original land owners and are aggrieved
by the Certificate of unilateral deemed conveyance in favour of

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Neeta Sawant                                         41-WP-14011-2025.docx


Respondent No.2-society conveying land admeasuring 1510.70 sq.mts.
Out of total land admeasuring 3690.00 sq.mts, it is the contention of
the Petitioners that they never executed any Development Agreement
for construction of chawl structure. It is further contended that there are
no agreements executed under Section 4 of The Maharashtra
Ownership Flats (Regulation of the promotion of construction, sale,
management and transfer) Act, 1963 (MOFA) for the                purpose of
Competent Authority assuming the jurisdiction under Section 11.


4)             However, Petitioners have themselves placed on record,
copy of Development Agreement dated 12 February 2024 executed in
the names of Shri. Gurunath Shriram Bhoir and Shri. Sagar
Suryaprakash     Sawant.   Mr.   Gaikwad,     the    learned    counsel      for
Respondent No.2 has placed on record an agreement executed with the
flat purchaser-Vilas Janba Salamwaade which was apparently signed by
Gurunath Shriram Bhoir in his capacity as partner of Shree
Constructions.    The said agreement was notarised.            Subsequently,
registered Agreement for Sale is executed with Vilas Janba Salamwaade
which is signed by Dinesh Pandharinath Bhoir as partner of Shree
Constructions. Thus there appears to be some linking material which
creates presumption of execution of Development Agreement by land
owners in favour of Shree Constructions. Earlier, Gurunath Shriram
Bhoir and Shri. Sagar Suryaprakash Sawant, were partners of Shree
Constructions and later Shri. Dinesh Pandharinath Bhoir apparently
represented the firm-Shree Constructions as its partner. It therefore
becomes difficult to conclude at this stage that no development rights
were ever granted by the Petitioners for construction of the structure in
question.

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                      Neeta Sawant                                           41-WP-14011-2025.docx


                      5)               More importantly, Petitioners saw construction          of the
                      structure comprising of 40 units and did not raise any objection. If they
                      had not granted any development rights, they ought to have objected to
                      construction of the structure on the land. It is only at the stage where
                      certificate of deemed conveyance is issued that Petitioners have woken
                      out of their deep slumber and have sought to create title dispute. In
                      exercise of its limited jurisdiction under Section 11 of MOFA, the
                      Competent Authority cannot undertake intrinsic evidentiary inquiry
                      into the issue of title. As of now, this Court is satisfied that there is
                      some link between construction of building and grant of development
                      rights by the land owners vide Development Agreement dated 12
                      February 2004. If Petitioners believe that no development rights were
                      ever granted or that the developer did not have right to construct the
                      building, they are free to file a Suit claiming title in the land. By now, it
                      is well established principle that grant of certificate of deemed
                      conveyance is not final determinative        of rights and entitlements of
                      parties in respect of the land conveyed. Reference in this regard can be
                      made to the judgment of the Apex Court in Arunkumar H. Shah (HUF)
                      Versus. Avon Arcade Premises CHSL1


                      6)               The Writ Petition is accordingly dismissed. Petitioners
                      shall however be at liberty to file Suit questioning the land conveyed in
                      favour of Respondent No.2-society. Such suit, if filed, shall be decided
                      on its own merits.
         Digitally
         signed by
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT Date:
         2026.09.23
         15:02:41                                                      [SANDEEP V. MARNE , J.]
         +0530




                      1    2025 SCC Online 825
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