Deemed Conveyance – Common Layout of Two C
Judgment dated 22.10.2026 of the High Court of Bombay in Writ Petition No.11312 of 2025 of Vardhman Nagar Cooperative Housing Society Limited Vs. Kent Heights Cooperative Housing Society Limited and others
On 9 June 2025, the Competent Authority has passed the impugned order granting deemed conveyance of land aggregating 4,497.58 sq.m. to the Petitioner. The Competent Authority has held that Respondent No.1 shall be entitled to secure conveyance of additional area of 1,863.12 sq.m. by filing separate application for deemed conveyance. Aggrieved by the order dated 9 June 2025, Petitioner-society has filed the present Petition raising the grievance that it is actually entitled to secure conveyance of entire balance portion of land after deducting area admeasuring 2,040 sq.m. already conveyed to Respondent No.1.
Petitioner and Respondent No.1 are the two housing societies formed in respect of the buildings constructed in the same layout and who are at loggerheads for dividing the layout land for conveyance purposes. Petitioner-society has succeeded in Deemed Conveyance Application No.94 of 2020 and has secured conveyance of land aggregating 4497.58 sq.m., out of the total layout land admeasuring 9108.10 sq.m. It is however not satisfied with the quantum of area conveyed in its favour and believes that after deducting land area admeasuring 2040 sq.m. already conveyed in favour of Respondent No.1 society, the balance land admeasuring 7068 sq.m. must come to its share. On the other hand, it is the contention of Respondent No.1-society that it is entitled to proportionate share in the layout land on the basis of BUA utilised in construction of its building.
The sheet anchor of the Petitioner in demanding conveyance of balance land admeasuring 7,068.10 sq.m. is the decree passed in favour of Respondent No.1 in L.C. Suit No. 1748 of 2003, which according to the Petitioner, is executed and marked as satisfied by virtue of the registered Deed of Conveyance dated 31 December 2013 in respect of land admeasuring 2040 sq.m. According to the Petitioner, since Respondent No.1 has already secured conveyance of land admeasuring 2,040 sq.m. through execution of a decree of the Civil Court, the balance land must now go to it.
The conspectus of the above discussion is that the principle of proportionate land division needs to be applied in the present case. Accordingly, Petitioner and Respondent No.1-society are entitled to conveyance of land proportionate to BUA area utilised in construction of their buildings, subject to the caveat that the BUA of Respondent No. 1’s building will have to be capped at the consent area. Since BUA admeasuring 6730.38 sq.m. is utilised in construction of buildings of Petitioner-society, it is entitled to own 58.22% land in the layout which works out to 5302.68 sq.m. This area of 5302.68 sq.m. would comprise of net plot area of 4489.09 sq.m., RG share of 792.19 sq.m. and setback area of 21.40 sq.m. Though BUA utilised in construction of buildings of Respondent No.1-society is 6899.37 sq.m., it is not entitled to receive land in proportion to the actual BUA utilised in construction of its building. This is on account of the fact that Petitioner No.1-society had PAGE NO. 62 of 64 22 October 2026 Uploaded on – 22/10/2026 Downloaded on – 25/10/2026 22:09:26 Neeta Sawant WP NO 11312 of 2025 given consent for utilisation of BUA of only 4830 sq.m. Accordingly, by considering BUA of 4830 sq.m., Respondent No.1 is entitled to own 41.78% land in the layout. Accordingly, the proportionate share of Respondent No.1 in the layout shall be 3805.42 sq.m. comprising of net plot of 3221.56 sq.m., RG share of 568.51 sq.m. and setback advantage of 15.35 sq.m. Since land admeasuring 2040 sq.m. is already conveyed to Respondent No.1-society, it shall be at liberty to apply for conveyance of balance portion of land which shall be additional net plot area of 1181.56 sq.m. in addition to RG share of 568.51 sq.m. and setback advantage of 15.35 sq.m.
