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Bombay High Court

PARSHURAM SON OF BABU CHAWRE AND ANRversusPRUTHVI ENCLAVE II CO-OP. HSG. SOC. LTD. THR. SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is not maintainable; the petitioners must challenge the conveyance order in the civil court, and the High Court dismisses the writ petitions.

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. They argued that the conveyance of tribal land to the society was unlawful. The court noted that the land had been subject to a development agreement executed by the petitioners' father, building plans were sanctioned in 2000, the society was registered in 2002, and the building obtained an occupation certificate, all under the Maharashtra Ownership Flats Act, 1963. The petitioners had previously contested the development agreement in civil court and unsuccessfully sought restoration of the land under Section 3 of the Maharashtra Restoration of Land to Scheduled Tribes Act, 1974, with the appeal also dismissed. The court held that the writ petition was not the appropriate remedy and directed the petitioners to pursue their claim in the civil court, dismissing the writ petitions and disposing of the interim applications.

Issues considered

  • Whether a certificate of unilateral deemed conveyance granted to a cooperative housing society can be challenged through a writ petition.
  • Whether the conveyance of land classified as tribal under the Maharashtra Restoration of Land to Scheduled Tribes Act, 1974, to a cooperative society is permissible.
  • Whether the High Court has jurisdiction to entertain the petitioners' challenge to the order of the District Deputy Registrar.

Legislation cited

  • Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act
  • Maharashtra Restoration of Land to Scheduled Tribes Act — s. 3

Subjects

  • tribal land
  • cooperative housing society
  • unilateral deemed conveyance
  • writ petition
  • jurisdiction
  • Maharashtra Restoration of Land to Scheduled Tribes Act
  • Maharashtra Ownership Flats Act

Judgment

2026:BHC-AS:39122

              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 17:35:48


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