Bombay High Court
K AND K DEVELOPERS AND ORSversusMANJIRI GREENS PHASE IV CO OPERATIVE HOUSING SOCIETY LTD. AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- AMIT BORKAR
Holding
The Court ordered correction of the order by substituting paragraphs 2‑4 to accurately reflect the facts, thereby upholding the deemed conveyance.
Summary
The petition arose from a development agreement executed in 2005 granting K & K Developers rights over certain survey lands. The Collector of Pune, exercising powers under Section 44 of the Maharashtra Ownership Flats Act, 1963, issued orders in 2006 permitting change of user and residential development of those lands. After possession was handed to the members of Manjri Greens Phase IV CHS Ltd in 2011, possession receipts acknowledged an easement in favour of adjoining societies. In April 2022, the society sought a deemed conveyance of 22,745 sq. m. of the land under Section 11(3) of the same Act, and another society intervened. The District Deputy Registrar and Competent Authority allowed the deemed conveyance on 20 March 2023. Aggrieved, the petitioners filed a writ petition seeking correction of the order dated 9 March 2026. The High Court ordered substitution of paragraphs 2‑4 to accurately reflect the factual background, leaving the rest of the order unchanged.
Issues considered
- Whether the deemed conveyance granted under Section 11(3) of the Maharashtra Ownership Flats Act, 1963 is legally valid.
- Whether the order dated 9 March 2026 requires correction to accurately state the factual background.
Legislation cited
Subjects
- deemed conveyance
- Maharashtra Ownership Flats Act
- Section 44
- Section 11(3)
- possession receipt
- easement
- correction of order
- writ petition
- real estate development
Judgment
wp-8478-2023.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8478 OF 2023
K & K Developers and Others … Petitioners
V/s.
Manjri Greens Phase IV CHS Ltd and
Others … Respondents
ATUL Mr. G. S. Godbole, Senior Advocate with Ms. Shruti
GANESH
KULKARNI Tulpule, for Petitioners.
Digitally signed by
ATUL GANESH
KULKARNI Mrs. M. S. Srivastava, AGP for State.
Date: 2026.03.17
12:19:20 +0530
CORAM : AMIT BORKAR, J.
DATED : MARCH 16, 2026
P.C.:
1. Matter is listed on board for speaking to the minutes of the
order dated 9 March 2026.
2. Paragraphs 2 to 4 of the order be substituted with the
following:
“2. The facts giving rise to the present Petition may be
briefly stated as follows. On 10 March 2005, a Registered
Development Agreement came to be executed in respect of
the land bearing Survey No. 86, Hissa No. 2B/1 and Survey
No.85, Hissa No.2B, whereby development rights in respect
of the said property were granted in favour of K & K
Developers. Subsequently, on 5 September 2006, the
Collector, Pune passed two composite orders in exercise of
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wp-8478-2023.doc
powers under Section 44 of the Maharashtra Ownership Flats
(Regulation of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963, permitting change of
user and development of the lands bearing Survey Nos.
85/2B, 86/2B/1, 86/2A and 86/2A/1 for residential
purposes. It further appears that on 7 February 2011, after
possession of the tenements was handed over to the
members of Respondent No. 1 Society, separate possession
receipts were executed by petitioner No. 1 in favour of the
respective allottees. The said possession receipts also
contained specific recitals recognising an easementary right
of way in favour of the adjoining societies.
3. Thereafter, on 25 April 2022, Respondent No. 1 Society
instituted an application seeking grant of Deemed
Conveyance under Section 11(3) of the Maharashtra
Ownership Flats (Regulation of the Promotion of
Construction, Sale, Management and Transfer) Act, 1963. By
the said application, Respondent No. 1 Society sought
conveyance of land admeasuring 22,745 sq. mtrs. out of the
larger property bearing Survey Nos. 85/2B, 86/2B/1/1
(part).
4. In or about April 2022, Respondent No. 2 Society
moved an application seeking intervention in the aforesaid
Deemed Conveyance proceedings initiated by Respondent
No. 1 Society before the Competent Authority. Thereafter, by
an order dated 20 March 2023, the District Deputy Registrar
and Competent Authority allowed the Deemed Conveyance
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Application bearing No. 1007069 of 2022 and granted
deemed conveyance in favour of Respondent No. 1 Society.
Being aggrieved by the said order, the petitioners have
approached this Court by filing the present petition.”
3. Accordingly, the Order dated 9 March 2026 be corrected, and
the corrected Order shall be uploaded as Order No. 2 in the
present matter. The rest of the Order shall remain unchanged.
(AMIT BORKAR, J.)
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