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Society’s Right to Deemed Conveyance is Continuing Right – Delay & Laches Cannot Defeat

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Judgment dated 5.11.2026 of the High Court of Bombay in Writ Petition No.8287 of 2026 of Sterling Apartment Cooperative Housing Society  Vs.  The Competent Authority and District Deputy Registrar, Cooperative Societies, Mumbai City (3) and others

Petitioner is a co-operative housing society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) in respect of the building constructed by Respondent No.29 Developer on land bearing CTS. No. 6519 to 6523 (Part), Village, Kolekalyan, Taluka-Andheri in Mumbai Suburban District. The building comprises of 38 flats and 7 shops. Members of the Petitioner have purchased their respective flats/units from Respondent No.29 by executing Agreements for Sale under Section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

Petitioner-society was registered on 16 February 1994. It appears that several notices have been issued to the partners of Respondent No.29-developer by Municipal Corporation of Greater Mumbai (MCGM) alleging unauthorized construction carried out on the PAGE NO. 2 of 48 5 November 2026 Uploaded on – 05/11/2026 Downloaded on – 06/11/2026 10:26:07 Neeta Sawant 905-WP-8287-2026.docx building of the Petitioner-society on 13 June 1997, 14 May 1999 and 20 July 1999. According to the Petitioner-society, initially plans were sanctioned for construction of the building. However, Respondent No.29 developer has apparently carried out construction in excess of the sanctioned plan but the same is regularisable. Petitioner contends that proposals have been submitted in the past for regularization of the building and that the same have been approved by the Municipal Corporation.

It appears that in addition to the building of the Petitioner society, there are 11 other structures in the land which are in the form of individual houses/huts. Several persons own title in respect of the land and the land owners contend that the building has been unauthorizedly constructed without any consent from most of the land owners.

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