Bombay High Court
VINOD KUMAR PARMANAND KARWAT AND ORSversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that there was no ground to interfere with the order and that the conveyance of the land and building to Respondent No. 4 society stands.
Summary
The petitioners, who were landlords of a tenanted building, challenged a 2020 order by the District Deputy Registrar and Competent Authority that deemed the land and building conveyed to a cooperative society formed by flat purchasers. The building comprised ground and two upper floors with 12 tenements; five tenants had already become members of the society, while the remaining seven were still tenants. Under a 2002 Memorandum of Understanding with the developer, the owners agreed to become members of the proposed cooperative society and to execute a deed of conveyance of the entire plot after receiving full consideration, in accordance with Section 4 agreements under the Maharashtra Ownership Flats Act, 1963. The developer constructed the upper floors and sold the flats, leading to the formation of Respondent No. 4 society. The court held that the petitioners had contractually bound themselves to the conveyance and that there was no merit to interfere with the order, dismissing the writ petition.
Issues considered
- What is the validity of the unilateral deemed conveyance order issued by the District Deputy Registrar and Competent Authority in view of the parties' Memorandum of Understanding and the provisions of the Maharashtra Ownership Flats Act, 1963?
Legislation cited
Subjects
- deemed conveyance
- cooperative society
- MOFA
- tenancy
- MOU
- housing scheme
- writ petition
- appellate jurisdiction
Judgment
2026:BHC-AS:36039-DB
Renuka 907-WP-5890-2022.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5890 OF 2022
Vinod Kumar Parmanand Karwat and ...Petitioners
Ors
V/s.
State of Maharashtra and Ors ...Respondents
________________
Mr. Vaibhav Charalwar a/w Mr. Ansul Bhuta, Ms. Asha Bhuta dn Ms.
Priyanka Chaurasia i/b Bhuta and Associates for Petitioners.
Mr. G. S. Bhat for Respondent No. 4.
Ms. A. A. Nadkarni, AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 1 SEPTEMBER 2026.
P.C.:
1) By this Petition, the Petitioners have assailed order dated 4
January 2020 passed by the District Deputy Registrar, Co-operative
Societies (2) East Suburbs, Mumbai and Competent Authority
(Competent Authority) issuing certificate of unilateral deemed
conveyance of land admeasuring 557.70 sq. mtrs and building
constructed thereon in favour of Respondents No. 4-society.
2) I have heard Mr. Charalwar, the learned counsel appearing
for the Petitioners, Mr. Bhat, the learned counsel appearing for
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Respondent No. 4 and Ms. Nadkarni, the learned AGP appearing for
Respondent-State.
3) There was a structure on the land comprising of ground +
two upper floors in which there are 12 tenements. All tenements were let
out to different persons and Petitioners were landlords whereas
occupants were tenants in respect of those tenements. Petitioners
entered into a Memorandum of Understanding with a developer on 18
March 2002 under which developer was granted rights to construct upper
floors above the second floor of the building and to sell the flats so
constructed. Accordingly, the developer constructed upper floors and
sold flats to purchasers by executing the Agreements under Section 4 of
the Maharashtra Ownership Flats (Regulation of the Promotion of
Construction, Sale, Management and Transfer) Act, 1963 (MOFA). Under
Section 4 Agreements, the developer agreed to convey the entire plot of
land in favour of association of flat purchasers.
4) The flat purchasers have formed Respondent No. 4-society.
Out of the 12 tenants, Petitioners converted 5 tenancies into ownership
rights and accordingly those 5 erstwhile tenants have already become
members of the Respondent No. 4-society. Now the tenancy continues
only in respect of the 7 tenants.
5) Under the MOU dated 18 March 2002, Petitioners
specifically agreed as under:-
10. The Owners will become a member of the proposed Co-operative
Society to be formed by the Developers in respect of all the
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blocks/premises on the ground plus two floors occupied by the
Owners and their tenants and on completion of the construction of
the proposed additional floors on the said Property, the Owners shall
after receipt of the full consideration amount as aforesaid execute a
Deed of Conveyance of the said Property in favour of the proposed
Co-operative Society.
6) Thus, in respect of the tenanted premises/tenements on
ground, first and second floors, Petitioners specifically agreed to become
members of Respondent No. 4-society and to convey the entire land in
favour of the society.
7) The Petitioners have thus subjected the land to a housing
scheme, permitted construction of flats and the sale thereof. They have
accordingly undertaken to subject the property to provisions of MOFA.
There is a fused structure in the form of original tenanted structure and
newly constructed structure comprising of flats sold under MOFA. Even
in respect of original tenanted structure, 5 out of the 12 tenants are
already members of the Respondent No. 4-society. Qua remaining 7
tenants, Petitioner themselves undertook to become members of the
Petitioner-society. Petitioners would be free to apply for membership of
Respondent No. 4-society. Mr. Bhat fairly submits that if and when
applications are made by the Petitioners/landlords for grant of
membership qua remaining 7 tenanted flats, the same shall be granted
by the society.
8) In view of the above discussion, there is no warrant for
interference in the impugned order which conveys the entire plot and
the building in favour of the Respondent No. 4-society.
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9) Writ petition is accordingly dismissed.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.4 of 4
Designation: PA To Honourable Judge 1 SEPTEMBER 2026
Date: 02/09/2026 18:13:57
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