Balasaheb Eknath Charvad Prop M/S Tejas Construction vs the Competant Authority / District Deputy Registarar Pune City and Anr. — Bombay HC (2025) — LawSathi Research

Balasaheb Eknath Charvad Prop M/S Tejas Construction vs the Competant Authority / District Deputy Registarar Pune City and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad-interim restraint pending next hearing: notice issued to Respondents returnable on 10 March 2025 (learned AGPs waived service for Respondent No.1/State); conveyances, if not already registered in favour of the Respondent-Society, not to be registered till the next date of hearing. Petitions otherwise pending; no final disposal on merits.

Issue for consideration

Whether, pending further hearing, registration of conveyances in favour of the Respondent-Society should be restrained, given (i) the alleged insufficiency of residual land (total plot 2600 sq.m against 2465.92 sq.m already conveyed for A, B and C Wings) for conveyance of the 'D' Wing Building, and (ii) the absence on the face of the Competent Authority's order of any indication that an Architect's Certificate demonstrating FSI utilisation for all four buildings was produced.

Court's answer

Interim direction: if the conveyances in favour of the Respondent-Society have not been registered, the same shall not be registered till the next date of hearing.

Ratio / Principle

The Court proceeded on the footing that the order passed by the Competent Authority does not show production of the Architect's Certificate demonstrating FSI utilisation in respect of all four buildings, which formed the basis ('that view of the matter') for the interim restraint on registration.

Detailed headnote1 paragraphs

BOMBAY HIGH COURT (Sandeep V. Marne, J.), 04 February 2025 — Writ Petition Nos. 4081, 4082 and 4083 of 2024 (Balasaheb Ekanth Charvad, Prop. M/s. Tejas Construction v. The Competent Authority District Deputy Registrar & Anr.). Interim order in three connected writ petitions concerning conveyance of land in favour of Societies. Notice issued to Respondents, returnable on 10 March 2025; learned AGPs waived service for Respondent No.1/State. Petitioner's assertion recorded: total land conveyed in favour of the three Societies for A, B and C Wings is 2465.92 sq.m against a total plot area of 2600 sq.m, leaving insufficient land to be conveyed for the 'D' Wing Building; and the order passed by the Competent Authority does not indicate that the Architect's Certificate demonstrating FSI utilisation for all four buildings was produced. Directed: if the conveyances are not registered in favour of the Respondent-Society, the same shall not be registered till the next date of hearing.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.4081 OF 2024

Balasaheb Ekanth Charvad Prop. M/s. Tejas Construction ....Petitioner V/S The Competent Authority District Deputy Registrar & Anr. ....Respondents

WITH WRIT PETITION NO.4082 OF 2024

Balasaheb Ekanth Charvad Prop. M/s. Tejas Construction ....Petitioner V/S The Competent Authority District Deputy Registrar & Anr. ....Respondents

WITH WRIT PETITION NO.4083 OF 2024

Balasaheb Ekanth Charvad Prop. M/s. Tejas Construction ....Petitioner V/S The Competent Authority District Deputy Registrar & Anr. ....Respondents

Mr. P.G. Lad for the Petitioner. Ms. D.S. Deshmukh, AGP for Respondent/State in WP Nos. 4081 of 2024 and 4082 of 2024.

Mr. A.A. Nadkarni, AGP for Respondent/State in WP No.4083 of 2024.

CORAM: SANDEEP V. MARNE, J. DATE : 04 FEBRUARY 2025.

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P.C.:

Heard Mr. Lad, the learned counsel appearing for the Petitioner.

Issue notice to the Respondents, returnable on 10 March 2025. The learned AGPs waive service on behalf of Respondent No.1/State.

It is the case of Petitioner that the total land conveyed in favour of the three Societies in respect of A, B and C Wings is 2465.92 square meters whereas the total area of the land is 2600 square meters, thereby leaving insufficient land to be conveyed in respect of ‘D’ Wing Building. The order passed by the Competent Authority does not indicate that the Architect's Certificate was produced demonstrating utilization of FSI in respect of the all the four buildings. In that view of the matter, if the conveyances are not registered in favour of the Respondent-Society, the same shall not be registered till the next date of hearing.

(SANDEEP V. MARNE, J.)

Digitally signed SUDARSHAN by SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2025.02.05 14:33:33 +0530

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