Bombay High Court

JAMUNA CO-OP. HOUSING SOCIEY LTD. THROUGH CHIRMAN/SECRETARYversusSAMARAT BUILDERS AND ORS.

Decided: 22 June 2026
Disposal: Disposed Off
Bench: SANDEEP V MARNE

Holding

Pendency of disputes among original land owners does not preclude the Competent Authority from exercising jurisdiction under Section 11(3) of the Maharashtra Ownership Flats Act, 1963.

Summary

The Jamuna Co‑Op Housing Society filed a writ petition challenging the order of the District Deputy Registrar and the Competent Authority that rejected its application for deemed conveyance of land and buildings. The Authority had declined to exercise jurisdiction under Section 11(3) of the Maharashtra Ownership Flats Act, 1963, citing pending litigation among the original land owners and Respondent No. 10. The Court referred to New Manoday Co‑operative Housing Society Ltd. v. Uday Madhavrao Jagtap & Ors., holding that such pendency is not a bar to the Authority’s jurisdiction. Accordingly, the Court set aside the 31 December 2019 order, restored the Society’s application, and directed a fresh hearing before the Competent Authority. The petition was partly allowed and disposed of, with directions for expeditious adjudication of the merits.

Issues considered

Whether pendency of disputes among original land owners bars the Competent Authority from exercising jurisdiction under Section 11(3) of the Maharashtra Ownership Flats Act, 1963.
Whether the order of the Competent Authority rejecting the application for deemed conveyance should be set aside.

Legislation cited

Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 — s. 11(3)

Subjects

deemed conveyance
co‑operative housing society
jurisdiction
Section 11(3)
Maharashtra Ownership Flats Act
pendency of litigation
writ petition
High Court

Judgment

Vaishnavi                                             40-WP-988-2023.docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                   WRIT PETITION NO. 988 OF 2023

Jamuna Co-Op. Housing Sociey Ltd.
Through Chirman/Secretary                          ...Petitioner


                  V/s.


 Samarat Builders and Ors.                        ...Respondents

                             _______________

Mr. Niranjan A. Mogre with Mr. Siddhesh S. Borkar & Mr. Shivendra J.
Dwivedi, for Petitioner
Mrs. Vaishali S. Nimbalkar, AGP for Respondent- State
Mr. Gayatri Sharma, for Respondent No. 6A.
                              ______________

                              CORAM: SANDEEP V. MARNE, J.
                              DATED: 22 JUNE 2026.
P.C.:


1)           By this Petition, Petitioner-Society has challenged order
dated 31 December 2019 passed by District Deputy Registrar, Co-
operative Societies, Mumbai City (4) and Competent Authority, rejecting
the application preferred by the Petitioner-Society seeking deemed
conveyance of the land and the buildings.


2)           I have heard Mr. Mogre, learned counsel appearing for the
Petitioner. The only reason why the Competent Authority has refused to
exercise jurisdiction vested in him under Section 11(3) of Maharashtra


                              Page No. 1 of 3
                              22 JUNE 2026
Vaishnavi                                                     40-WP-988-2023.docx


Ownership Flats (Regulation of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963 (MOFA) is pendency of multiple
litigations amongst the original land owners and Respondent No. 10.


3)                   In New Manoday Co-operative Housing Society Limited vs.
Uday Madhavrao Jagtap & Ors. 1 this Court has taken a view that
pendency of disputes or litigation amongst the original land owners
cannot be a reason for Competent Authority not exercising jurisdiction
under Section 11(3) of MOFA. In my view therefore, the application
needs to be decided afresh by taking into consideration ratio of judgment
of this Court in New Manoday Co-operative Housing Society Limited
(supra).


4)                  The Petition accordingly succeeds in part and I proceed to
pass the following order:


i)                Order dated 31 December 2019 passed by the Competent
Authority is set aside.


ii)               Application No. 256 of 2018 Bled by the Petitioner- Society is
restored on the Ble of the Competent Authority to be decided afresh in
the light of ratio of judgment of this court in New Manoday Co-operative
Housing Society Limited (supra).




1
      WP No.1421 of 2024 (OS) decided on 30 April 2024.

                                            Page No. 2 of 3
                                            22 JUNE 2026
Vaishnavi                                                 40-WP-988-2023.docx


iii)        Parties shall appear before the Competent Authority on 6
July 2026 and secure further directions regarding Bxation of dates of
hearing.


iv)         The Competent Authority shall proceed to decide the
Application Bled by the Petitioner-Society on its own merits as
expeditiously as possible, preferably within a period of six months.


v)          All rights and contentions of parties on merits are expressly
kept open to be adjudicated by the Competent Authority.



5)           With the above directions, the Writ Petition is partly
allowed and disposed of.


                                                 [SANDEEP V. MARNE, J.]




                               Page No. 3 of 3
                               22 JUNE 2026

Continue reading with your account

Checking your session…