Wescon Properties Pvt. Ltd. v. District Deputy Registrar Co-Op Societies Thane Throu. Govt Pleader and Anr.
Case brief
What is this about?
Unilateral deemed conveyance certificate set aside and matter remanded where Competent Authority, Thane conveyed entire plot (39,358.41 sq.m.) to co-operative housing society without notice to promoter-developer, ignoring society's Architect certificate that A3 building of 1478.87 sq.m. remained unconstructed. Bombay HC protected promoter's right to complete sanctioned construction (plus recreational ground benefit), directed fresh certificate embedding that right, restrained society from obstruction, capped construction at sanctioned area. Keywords: deemed conveyance, unilateral deemed conveyance, Competent Authority, District Deputy Registrar Co-operative Societies, promoter rights, developer, ex parte application, no notice, remand, A3 building, built-up area, recreational ground, co-operative society, Wescon Properties, Thane.
What did the court decide?
Petition partly allowed: (i) order dated 11 April 2023 in Application No.48 of 2023, the certificate of unilateral deemed conveyance dated 11 April 2023, and the registered deed of conveyance dated 13 December 2024 set aside; (ii) Application No.48 of 2023 remanded to the Competent Authority solely to embed the Petitioner's right to complete the A3 type building (1478.87 sq.m. sanctioned built-up area plus proportionate recreational ground area benefit, if any) in a fresh certificate covering the entire 39,358.41 sq.m.; (iii) Respondent No.2-Society barred from objecting and directed to cooperate in plan revision/sanction; (iv) construction beyond 1478.87 sq.m. plus RG benefit prohibited; (v) parties to appear before the Competent Authority on 26 May 2025. The Interim Application was disposed of as nothing survived in view of disposal of the Petition.