Petitioner challenged deemed conveyance order arguing conflicting development rights. Court found no prima facie case for stay pending execution subject to petition outcome. Notice issued.
No prima facie case found for stay; execution of conveyance subject to petition outcome.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
4-WP-4542-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 4542 OF 2024
Krishna Developers Pvt. Ltd. …. Petitioner Versus
The District Deputy Registrar Co-op. …. Respondents Soc. And Ors.
Dr. Uday Warunjikar a/w Mr. Abhilesh Chitre, Ms. Sonali Dalvi and Mr. Rehan Ghojaria i/b Mr. Deepak Chitnis Chiparikar & Co., Advocates for the Petitioner.
Mr. Arun Panickar a/w Mr. Vinay Nair, Advocate for Respondent No.2.
Ms. A. A. Nadkarni, AGP, for the State.
CORAM : R. M. JOSHI, J.
DATE : 20th AUGUST, 2024.
P.C. :
promotion of construction, sale, management and transfer) Act, 1963
(for short “ MOFA ”) has granted deemed conveyance in ignorance of
Shantanu Dhudum 1/3
4-WP-4542-2024.doc
the fact that there was agreement between the parties that the common access/right of way shall remain with the Promoter/Developer. It is his further submissions by relying upon Clause No.9(b) to claim that the developer is entitled to consume F.S.I. as may be available in respect of the said property or any part thereof. It is submitted that irrespective of the fact as to whether such F.S.I. is available as on the date of the construction or even thereafter, the right of the promoter to avail the said F.S.I. can not be taken away. It is his submissions that in such circumstances the order passed of deemed conveyance cannot be allowed to be executed.
Shantanu Dhudum 2/3
4-WP-4542-2024.doc
Petitioner/Developer. This contention is opposed by the counsel for the Respondent by submitting that immediately within four months of the completion of project, conveyance was ought to have been executed in favour of the society and the said contention of Petitioner about the right to be claimed in respect of F.S.I. which may be approved in future, does not hold any water.
( R. M. JOSHI, J.)
Shantanu Dhudum 3/3
1 issue framed by the court
Whether the order of deemed conveyance should be stayed given the dispute between the developer's F.S.I. claim and the registration order.
1 provisions across 1 enactments
Krishna Developers Pvt. Ltd.
The District Deputy Registrar Co-op. Soc. And Ors.
R. M. Joshí
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
