BEENA'S COMPUTER TYPING AND SHORTHAND INSTITUTE

BOMBAY HIGH COURT P4 (English)

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Petitioner undertook development of several buildings on land admeasuring 21,736 sq.mtrs. While undertaking phase wise development, initially Building Nos. A, B, C, D, F and G were constructed on portions of the subject land. Thereafter, four buildings bearing Nos. E, H, J and K were constructed on the subject land. It appears that a portion of the said property was required for construction of 44 feet D.P. road. Petitioner believed that the area of land required to be surrendered for DP road out of the subject land was 2200 sq.mtrs. Accordingly, in the year 1983, Petitioner put up revised plans for development of the total land admeasuring 21,736 sq.mtrs by seeking development rights in respect of the land admeasuring 2200 sq.mtrs for DP road. Accordingly, Petitioner proposed to construct 4 additional building Nos. L, M, N and P in the subject land. The plans were apparently sanctioned on 25 October 1983 which envisaged construction of Building Nos. N and P as well. Petitioner first undertook development of Building Nos. L and M and completed the same. It appears that subsequently, the Municipal Corporation took a stand that the actual area surrendered for DP road was only 1859 sq.mtrs. This resulted in reduction of available built-up area making construction of Building Nos. N and P impossible. Accordingly, Petitioner could not construct Building Nos. N and P on the said property. The Building Nos. L and M received Occupancy Certificate in November 1990 and thereafter apparently, no additional construction is put up by the Petitioner-Developer due to consumption of the entire available FSI potential based on computation of DP road land of only 1859 sq. mtrs. Thus, as of now what stands on the land are Building Nos. A to H and J to K and L and M. As observed above, occupants of buildings A to H and J to K have formed Respondent No.1-Society whereas occupants of Buildings Nos. L and M have formed Respondent Nos.2 and 3-Societies respectively. All the three Societies jointly applied to the Competent Authority for deemed conveyance of the entire land admeasuring 21,736 sq.mtrs and by the impugned order dated 15 May 2017, the entire land admeasuring 21,736 sq.mtrs has been conveyed to Respondent Nos.1 to 3-Societies. The first objection raised on behalf of the Petitioner to the impugned order of deemed conveyance dated 15 May 2017 is that the same is in the teeth.

Petitioner undertook development of several buildings on land admeasuring 21,736 sq.mtrs. While undertaking phase wise development, initially Building Nos. A, B, C, D, F and G were constructed on portions of the subject land. Thereafter, four buildings bearing Nos. E, H, J and K were constructed on the subject land. It appears that a portion of the said property was required for construction of 44 feet D.P. road. Petitioner believed that the area of land required to be surrendered for DP road out of the subject land was 2200 sq.mtrs. Accordingly, in the year 1983, Petitioner put up revised plans for development of the total land admeasuring 21,736 sq.mtrs by seeking development rights in respect of the land admeasuring 2200 sq.mtrs for DP road. Accordingly, Petitioner proposed to construct 4 additional building Nos. L, M, N and P in the subject land. The plans were apparently sanctioned on 25 October 1983 which envisaged construction of Building Nos. N and P as well. Petitioner first undertook development of Building Nos. L and M and completed the same. It appears that subsequently, the Municipal Corporation took a stand that the actual area surrendered for DP road was only 1859 sq.mtrs. This resulted in reduction of available built-up area making construction of Building Nos. N and P impossible. Accordingly, Petitioner could not construct Building Nos. N and P on the said property. The Building Nos. L and M received Occupancy Certificate in November 1990 and thereafter apparently, no additional construction is put up by the Petitioner-Developer due to consumption of the entire available FSI potential based on computation of DP road land of only 1859 sq. mtrs. Thus, as of now what stands on the land are Building Nos. A to H and J to K and L and M. As observed above, occupants of buildings A to H and J to K have formed Respondent No.1-Society whereas occupants of Buildings Nos. L and M have formed Respondent Nos.2 and 3-Societies respectively. All the three Societies jointly applied to the Competent Authority for deemed conveyance of the entire land admeasuring 21,736 sq.mtrs and by the impugned order dated 15 May 2017, the entire land admeasuring 21,736 sq.mtrs has been conveyed to Respondent Nos.1 to 3-Societies. The first objection raised on behalf of the Petitioner to the impugned order of deemed conveyance dated 15 May 2017 is that the same is in the teeth.