Bombay High Court

BALLALESHWAR CO-OPERATIVE HOUSING SOCIETYversusM/S. PRADNYA BUILDERS AND DEVELOPERS AND ORS

Decided: 13 January 2026
Disposal: Disposed Off
Bench: MILIND N JADHAV

Holding

The Court held that the impugned order is prima facie unsustainable because the architect’s certificate was not considered, and therefore set aside the order, directing the Competent Authority to re‑hear the deemed conveyance application in compliance with the applicable circular.

Summary

The Ballaleshwar Co-operative Housing Society filed a writ petition challenging an order dated 14‑06‑2022 that had not taken into account the architect’s certificate. The Court observed that, as per its earlier order of 25‑09‑2023, the certificate should have been considered by the Competent Authority, rendering the impugned order prima facie unsustainable. Consequently, the Court set aside the order and directed the Competent Authority to re‑examine the deemed conveyance application, adhering to the State Government circular dated 22‑06‑2018. The parties were allowed to file additional pleadings within four weeks, and the Competent Authority was instructed to dispose of the application within four months and issue a reasoned order. The writ petition was thereafter disposed.

Issues considered

Whether the order dated 14‑06‑2022 is valid when the architect’s certificate was not considered by the Competent Authority.
Whether the Competent Authority must re‑hear the deemed conveyance application in accordance with the State Government circular dated 22‑06‑2018.
Whether the parties are entitled to file additional pleadings and the prescribed time‑frames for disposal.

Subjects

deemed conveyance
architect certificate
competent authority
circular 22.06.2018
writ petition
order set aside
procedural fairness

Judgment

5.WP.15055.2022.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15055 OF 2022

Ballaleshwar Co-operative Housing Society .. Petitioner
Versus
M/s. Pradnya Builders and Developers and Ors. .. Respondents
....................
 Mr. Amey Deshpande a/w. Mr. Ajit Mandlik and Ms. Vandana Bait,
Advocates for Petitioner.
 Mr. Ram Apte, Senior Advocate a/w. Mr. Mayur S. Kadam and Mr.
Harshal P. Nahata, Advocates for Respondent Nos.1 and 2.
 Ms. Kavita Pawar and Mr. Yogesh Hirgude, Advocates for
Respondent Nos.3, 6 to 10b.
 Mr. P.P. More, AGP for the State.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : JANUARY 13, 2026.

P.C.:
1. Heard Mr. Deshpande, learned Advocate for Petitioner; Mr.

Apte, learned Senior Advocate for Respondent Nos.1 and 2; Ms. Pawar,

learned Advocate for Respondent Nos.3, 6 to 10b and Mr. More,

learned AGP for the State.

2. In view of the order passed by this Court (Coram: Sandeep

V. Marne, J.) dated 25.09.2023 and the observations made in

paragraph No.1 thereto, it is prima facie seen that the certificate issued

by the Architect of the Society has not been considered by the

Competent Authority. In that view of the matter, the impugned order

dated 14.06.2022 is prima facie not sustainable and is set aside. On

being specifically asked, Mr. Apte concedes to the above position and

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5.WP.15055.2022.doc

the previous order passed by this Court.

3. Needless to state that all contentions of the Developer with

respect to Architect Certificate given by the Developer and the Society

will both be considered by the Competent Authority and all

contentions of the parties are expressly kept open.

4. The exercise that is directed to be carried out by the

Competent Authority shall be in strict consonance with the guidelines

in the Circular dated 22.06.2018 issued by the State Government

which ought to be followed.

5. Parties are at liberty to file additional pleadings before the

Competent Authority which shall be filed within a period of four weeks

from today.

6. Competent Authority is directed by this Court to dispose of

the Deemed Conveyance Application filed by the Society after hearing

all concerned parties thereto within a period of four (4) months

thereafter.

7. Competent Authority is directed to pass a reasoned speaking

order on the Deemed Conveyance Application of the Society after

hearing all parties.

8. Writ Petition is disposed in the above terms.

[ MILIND N. JADHAV, J. ]

Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.01.13
18:42:08 +0530
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