Bombay High Court
PARSHURAM SON OF BABU CHAWRE AND ANRversusM/S. DHEERAJ REGENCY CO-OP. HOU. SOC. LTD. THR. SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the petitioners cannot challenge the deemed conveyance order through a writ petition and must pursue their claim in the civil court.
Summary
The petitioners, claiming tribal status, challenged a 24 March 2022 order of the District Deputy Registrar, Co-operative Societies, Mumbai, which granted a certificate of unilateral deemed conveyance of land and building to Pruthvi Enclave II Co‑op. Housing Society Ltd. The land had been subject to a development agreement executed by the petitioners' father and co‑owners, leading to sanctioned building plans in 2000, registration of a cooperative housing society in 2002, and issuance of an occupation certificate, all under the Maharashtra Ownership Flats Act, 1963. The petitioners had previously filed a suit contesting the development agreement and sought restoration of the land under Section 3 of the Maharashtra Restoration of Land to Scheduled Tribes Act, 1974, but those proceedings and the subsequent appeal were dismissed. The Court held that the petitioners could not raise the issue in a writ petition and must pursue any claim of ownership in the appropriate civil court. Consequently, the writ petitions were dismissed without any order as to costs, and the interim applications were also disposed of.
Issues considered
- Whether the unilateral deemed conveyance order granting land to the cooperative society is valid in view of the petitioners' claim of tribal ownership under the Maharashtra Restoration of Land to Scheduled Tribes Act, 1974
- Whether a writ petition is the appropriate forum to challenge the conveyance order when civil proceedings are pending
Legislation cited
- Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963
- Maharashtra Restoration of Land to Scheduled Tribes Act, 1974 — s. 3
Subjects
- tribal land
- cooperative society
- unilateral deemed conveyance
- restoration of land to scheduled tribes
- writ petition
- civil jurisdiction
- development agreement
- occupation certificate
Judgment
2026:BHC-AS:39123
Megha 2 & 49_wp_3310 & 3306_23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3310 OF 2023
WITH
INTERIM APPLICATION (STAMP) NO.11068 OF 2026
IN
WRIT PETITION NO.3310 OF 2023
Parshuram son of Babu Chawre and
Anr. ...Petitioners
V/s.
Pruthvi Enclave II Co-op. Hsg. Society
Ltd. and Ors. ...Respondents
WITH
WRIT PETITION NO.3306 OF 2023
WITH
INTERIM APPLICATION (STAMP) NO.11069 OF 2026
IN
WRIT PETITION NO.3306 OF 2023
Parshuram son of Babu Chawre and
Anr. ...Petitioners
V/s.
M/s. Dheeraj Regency Co-op. Housing
Society Ltd. and Ors. ...Respondents
________________
Mr. I.K. Tripathi with Ms. Bhagyashri Gawas i/b. Mr. C.K. Tripathi for the
Petitioners.
Mr. Mehul Shah with Ms. Nishita Joshi for Respondent Nos.1 and 7 in
WP/3310/2023 and for Respondent Nos.1 and 25 in WP/3306/2023
Ms. Kausar Banatwala withMs. Sneha Mahawar i/b. Mr. Tushar Goradia
for Intervenor in IAST/11068/2026
Ms. S.D. Chipade, AGP for Respondent-State in WP/3310/2023
Page No.1 of 3
23 September 2026
Megha 2 & 49_wp_3310 & 3306_23
Ms. A.A. Nadkarni, AGP for Respondent -State in WP/3306/2023.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 23 SEPTEMBER 2026.
P.C.:
1) Petition challenges order dated 24 March 2022 passed by the
District Deputy Registrar, Co-operative Societies, Mumbai and
Competent Authority (Competent Authority ) granting certificate of
unilateral deemed conveyance in respect of the land and building in
favour of Respondent No.1-Society.
2) I have heard Mr. Tripathi, the learned counsel appearing for the
Petitioner, Mr. Shah, the learned counsel appearing for the respective
Respondents, Ms. Banatwala, the learned counsel appearing for the
Intervenor and the learned AGPs appearing for the Respondent-State
and have considered the submissions canvassed by them.
3) It is the contention of the Petitioners that they are tribal and that
the impugned order effects conveyance of a tribal land in favour of
Respondent No.1 Society, which is not permissible in law. However, it
appears that land has been subjected to housing scheme on account of a
development agreement executed by father of the Petitioners and other
co-owners. In pursuance of that development agreement, building plans
were sanctioned in the year 2000. After sale of flats in the building a co-
Page No.2 of 3
23 September 2026
Megha 2 & 49_wp_3310 & 3306_23
operative housing society has been registered on 28 January 2002. The
building has received occupation certificate. The land and the building
are subjected to provisions of Maharashtra Ownership Flats (Regulation
of the Promotion of Construction, Sale, Management and Transfer) Act,
1963. All this happened in front of the eyes of the Petitioners. In fact,
their father and other co-owners had executed the development
agreement. Now the sons have turned around and are questioning
conveyance of land in favour of Respondent No.1-Society. It appears that
the Petitioners have already filed a Suit in the City Civil Court
challenging the development agreement. They earlier attempted to seek
restoration of the land under the provisions of Section 3 of the
Maharashtra Restoration of Land to Scheduled Tribes Act, 1974 and
outcome of those proceedings have gone against the Petitioners. Even
appeal preferred by the Petitioners is also dismissed.
4) In view of the above position, I am not inclined to entertain the
challenge to the impugned order dated 24 March 2022 passed by the
Competent Authority. If the Petitioners believe that they are owner and
occupiers of conveyed land, they would be free to challenge order dated
24 March 2022 before the City Civil Court. Writ Petitions are accordingly
dismissed with no order as to costs.
5) Interim applications stand disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.3 of 3
Designation: PA To Honourable Judge 23 September 2026
Date: 24/09/2026 17:36:15
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