Deemed Conveyance Certificate – Third application without challenging rejection of earlier second application
On 13.1.2020, the application of the respondent no.3 Society for deemed conveyance certificate was rejected on two grounds of pendency of civil suit and non-joinder of landowners. However, liberty was given to file fresh application.
The second application was rejected on 5.8.2021 in view of pendency of suit and transfer of rights of the land in favour of M/s. Nutan Developers.
The Authority held that since the title of the land was not clear and marketable, it was not possible to grant conveyance at this stage.
By the order dated 14.11.2024, third application for the Certificate of Deemed Conveyance of the land admeasuring 2120.25 sq.mts in favour of Respondent No.3 Society.
This is challenged by the petitioner promoter in W.P.No.19417 of 2024 and the original owner M/s. Nutan Realtors in Writ Petition No.38 of 2025.
HELD that the third application is not maintainable on the principle of res judicata and the rejection of second application by the order dated 5.8.2021. Therefore, the impugned order allowing third application is not legal.
Judgment dated 5.5.2025 of the High Court of Bombay in Writ Petition No.19417 of 2024 of M/s. Aakansha Construction Company Vs. The State of Maharashtra and others with connected Writ Petition NO.38 of 2025 of M/s. Nutan Realtors
