Deemed Conveyance Certificate – Exclusion of Recreational ground and internal roads

Deemed Conveyance Certificate for Society’s building – Exclusion of recreational ground and internal roads –

Respondent No.2 M/s. Nandu Builders secured lease of land admeasuring 8674.80 sq.mts vide Indenture dated 22.9.1972.   Respondent no.2 had constructed three buildings of 30 industrial units.   Respondent no.2 had entered into agreements for sale for various industrial units and agreed to execute assignment of lease of the land in favour of cooperative society to be formed by the unit purchasers.

On 19.1.1976, the petitioner society was registered under MOFA.

The Authority had partly allowed the Society’s application and granted unilateral deemed conveyance vide order dated 24.8.2023 on the ground that FSI was used in respect of only 3832.30 sq.mts for construction of society’s building.

HELD that the assignment of lease hold rights of the promoter is for the entire land and therefore, deemed conveyance ought to have been granted for the entire land in accordance with the agreements executed with the unit purchasers under Section 4 of MOFA.

If the entire land is not conveyed to the society, it would result in an incongruous situation where the promoter would continue to claim ownership in respect of the roads leading to 30 industrial units.

The Government Resolution dated 22.6.2018 and the guidelines for conveyance on the basis of proportionate area or ground coverage or plinth area is relevant only in cases of multiple buildings on a plot with separate societies and the development of entire layout is incomplete.

It is not applicable to a case where a single society of multiple buildings on a single plot of land.

Judgment dated 12.2.2025 of the High Court of Bombay in Writ Petition No.10548 of 2024 of New Sonal Industries Premises Ltd  Vs.  District Deputy Registrar and others