Happy Homes Plot Owners Co-Op. Housing Ltd. Vs District Deputy Registrar Co Op. Soc. Mumbai City (4) and Ors. (Bombay High Court)
The Bombay High Court considered a writ petition challenging an order dated 21 March 2023 passed by the District Deputy Registrar, Co-operative Societies, Mumbai City (4) and Competent Authority granting a certificate of unilateral deemed conveyance in favour of Respondent No. 3-Society. The impugned order conveyed not only land measuring 2,206.30 sq. metres forming Sector B but also proportionate undivided shares in two recreational grounds (RG 1 and RG 2) and internal roads. The principal objection raised by the Petitioner-Society was that the Competent Authority lacked jurisdiction under Section 11(3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA).
The Court noted that the Petitioner originally owned the larger parcel of land, which was subdivided into 55 plots for bungalow construction. Subsequently, 24 members opted for flats instead of bungalows, leading to construction of buildings in Sector B and sale-component buildings in Sector C through a developer. Initially, all members continued in the original society, but later the society was bifurcated. By an order dated 14 February 2006, the original society’s registration was cancelled and two separate societies were registered. Thereafter, both societies executed an agreement dated 6 May 2008 allocating land between them. Under the agreement, Sector A comprising 10,851.30 sq. metres with specified plots, gardens, open spaces and internal roads was allotted exclusively to the Plot Owners Society, while Sector B measuring 2,206.30 sq. metres with Buildings A, B and C was allotted exclusively to the Flat Owners Society. Certain garden and internal road portions were agreed to be used commonly.
