Bombay HC – Builders Cannot Delay Conveyance on Future FSI Claims

By the decree dated 7.11.1997,  the petitioner was directed to convey sub-lease of buildings A to H, J and K with the land in favour of the respondent no.1.  The respondent nos.2 and 3 were not parties to the said suit and the decree.

Subsequently, the respondent nos.1 to 3 societies filed application for unilateral deemed conveyance.

By the order dated 15.5.2017, the unilateral deemed conveyance for the land of 21,736 sq.mts with buildings was granted in favour of respondent nos.1 to 3 housing societies.

it is well settled position of law that a Developer cannot put up additional constructions for eternity on the basis of FSI made available in future.

Therefore, mere possibility of additional FSI being made available in respect of the reserved land cannot be a ground for not conveying the land in favour of Respondent-Societies.

Exclusion of surrendered / reserved / encumbered portions of the land from the unilateral deemed conveyance.

Civil Court decree does not bar the competent authority from granting deemed conveyance especially when the societies withdrew the first appeal to pursue statutory remedy.

Bombay HC – Builders Cannot Delay Conveyance on Future FSI Claims

Judgment dated 18.6.2026  in writ Petition NO.9694 of 2017 of Kiran Builders Pvt Ltd   Vs.  Kalpita Enclave Cooperative Housing Society Ltd and others with connected matters