VELENTINE PROPERTIES PRIVATE LIMITED vs STATE OF MAHARASHTRA

Judgment text excerpt

wp35377-25.doc TRUSHA IN THE HIGH COURT OF JUDICATURE AT BOMBAY TUSHAR ORDINARY ORIGINAL CIVIL JURISDICTION MOHITE Digitally signed by TRUSHA TUSHAR MOHITE WRIT PETITION (L) NO. 35377 OF 2025 Date: 2025.12.23 17:33:00 +0530 Velentine Properties Private Limited .. Petitioner Versus State of Maharashtra and Ors. .. Respondents Adv. Vivek Kantawala a/w Adv. Ajit Makhijani and Adv. Rajat Jain i/b M/s.M. M. Legal Associates, Advocates for the Petitioner. Mr. Mohit Jadhav a/w Mr. Shamrao Gore, AGP, for Respondent Nos. 1 & 2 -State. Adv. Vishal Kanade a/w Adv. Tanaya Patankar, Adv. Kartik Tiwari, Adv. Devang Shah and Adv. Aditya Kanchan i/b Lakshyavedhi Legal, Advocates for Respondent No.3. CORAM: FIRDOSH P. POONIWALLA, J. RESERVED ON: DECEMBER 10, 2025 PRONOUNCED ON: DECEMBER 23, 2025 JUDGEMENT:- 1. Rule. Rule made returnable forthwith and heard finally by consent of parties. Mohite 1/34 wp35377-25.doc 2. This Writ Petition challenges an Order dated 16 th October 2025 passed by Respondent No.2 i.e. the District Deputy Registrar – Co-operative Society, Mumbai City (4), Competent Authority under Section 5A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short “MOFA”), whereby Respondent No.2 has granted a Unilateral Deemed Conveyance in favour of Respondent No.3 Society. 3. Before considering the impugned Order dated 16 th October 2025, and the submissions of the parties in respect thereof, it would be appropriate to set out the facts in the matter. 4. The Petitioner is the Promoter, Owner and Developer of a property admeasuring 27,116.30 square meters which, subsequently, in view of multiple amalgamations and subdivisions, has been divided into sub-plots marked as Plot A, B, C, D, E, F and G in term