Additional FSI under new Regime of DCPR 2034 Belongs to the Housing Society

Judgment dated 17.7.2026 of the High Court of Bombay in Writ Petition No.12863 of 2025 of Aristo Realtors Private Limited   Vs.   Deputy Registrar, Cooperative Societies, Mumbai and others

The petitioner has opposed the second application granting deemed

46) The objective of the Petitioner behind opposing conveyance must also be appreciated. In the present case, filing of present Petition is aimed by Petitioner-developer at milking future additional FSI arising out of change of FSI regime (DCPR 2034). Petitioner has constructed the society’s building by consuming the entire available FSI granted at the time of sanction of plans. Merely because DCPR 2034 are introduced in 2018, Petitioner believes that it can put additional construction admeasuring 841.16 sq.m. on the land and with that objective, Petitioner is denying conveyance of land to the society. This way, no developer would ever convey land to the organisation of flat purchasers and would continue to take benefit of further additional FSI made available due to change in FSI regime. Fortunately, in the present case, the landowners to whom the FSI belongs as per clause 12 of the Development Agreement, fairly do not want to utilise the same. It is only the promoter who is attempting to earn a fortune by taking benefit of its own wrong, who is interested in putting up additional construction on subject land. This Court would not be a party to such devious acts of the Petitioner of monetising something which belongs to society. If additional FSI flows out of DCPR 2034, the same would belong to Respondent No.2-Society and not to the Petitioner. Therefore, this Court would refuse to permit its extraordinary jurisdiction being misused by the Petitioner for achieving its insatiable objective of endlessly milking the development potential in the land for eternity. Section 11 of MOFA is aimed at curbing this tendency on the part of the developers