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Bombay HC on Crystalizing Boundaries for Common Layout Land Measurement in Deemed Conveyance of one Society

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Clause B(3) of the Government Resolution 22.6.2018 was whether th area for which the deemed conveyance should be granted as per the built up area or plinth and appurtenant area.   There are three societies in the lay out and only respondent no.3 society had submitted its measurements.  The other three societies have not conducted measurements of the land. In the circumstances, the authority ought to have appointed Architect to find out the area in respect of which the respondent no.3 society would be entitled to the deemed conveyance.  The whole purpose of appointing Architect is that the area conveyed to each society in common layout is crystalised and there are not disputes in the future.  However, the authority accepted the Architect certificate given by respondent no.3 and wrongfully held that there was no material to support retention of 146 sq.mts land by the petitioner developer despite provisions in the Agreement.

Judgment dated 23.12.2025 of the High Court of Bombay in  Writ Petition No.35377 of 2025 of Velentine Properties Private Limited    Vs.   State of Maharashtra and others

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