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2025 High Court Latest Legal March 2025 Real Estate

Deemed conveyance Certificate – Authority has no powers to correct area by corrigendum

March 2, 2025 legaldeli

By the order dated 22.2.2021, the Respondent No.1 had granted deemed conveyance to the respondent no.3 Society for the land admeasuring 33.560 sq.mts (plinth area) and constructed portion of 4698.35 sq.mts with proportionate undivided share in the sanctioned lay out corresponding to the built up area of the Society’s building.

However, by this changed by the corrigendum dated 15.3.2021 for the land admeasuring 4584 sq.meters.

Thus, by the corrigendum, the land of 4584 sq.meters is now conveyed instead of earlier of plinth area of 335.60 sq.meters + 4698.35 sq.meters + proportionate share in the built area.

It is, therefore, clear that the Corrigendum was not issued for clerical or typographical error but made substantial and material changes in the original certificate of deemed conveyance.

Judgment dated 20.2.2025 of the High Court of Bombay in Writ Petition NO.13437 of 2024 (AS) of Surya Corporation and another Vs. The Competent Authority The District Deputy Registrar of Cooperative Societies and others

Earlier decisions – (1) Order dated 11.12.2020 in W.P. (Stamp) No.93044 of 2020 of Kashish Park Reality Private Limited, (2) Writ Petition (L) NO.8893 of 2023 decided on 19.1.2024 of Jayawant Ramchandra Keni, (3) Prem Village CHL case in 2024 SCC Online Bom 2987, (4) Gayatri Construction Ltd case in Writ Petition No.3188 of 2023 decided on 5.2.2024.

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