Bombay HC – Rejection of Application for Deemed Conveyance citing (i) illegible sanctioned building plan and (iii) developer’s lack of title without land owner’s consent, is illegal

Rejection of the application for deemed conveyance on two grounds – that the sanctioned building plan was not legible and that, the Developer could not convey a better title than what he himself possessed.  In the absence of consent of the land owner, the Developer had no authority to transfer the property in favour of the society.

HELD that if a document placed on record is not clear or deficient in form, the proper course would be to call on the applicant to cure the defect.  Procedural requirements are handmaids of justice.  They are not to be elevated to a position where substantive rights are defeated.  Therefore, rejection of application for ineligible copy of plan resulted in avoidable delay and compels the Society to incur further expenditure, which the statute precisely seeks to obviate.

The Competent Authority exercises a summary jurisdiction. It is not constituted as a civil court for adjudication of intricate questions of title. Whether the promoter had marketable title, whether the land owner’s consent was necessary, or whether the extent of the promoter’s right was limited, are matters which may be canvassed in appropriate proceedings before a competent forum. The statutory mechanism of deemed conveyance is not intended to resolve complex inter se disputes between promoter and land owner.

Judgment dated of the High Court of Bombay in Writ Petition No.490 of 2025 of Jai Dhanashree Cooperative Housing Society Ltd.   Vs.  The Competent Authority & District Deputy Registrar, Cooperative Societies, Thane and others