AGHADI NAGAR CO-OPERATIVE HOUSING SOCIETY LTD. vs THE STATE OF MAHARASHTRA AND ORS.

Judgment text excerpt

3(AB).WP.8844.2016.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8844 OF 2016 Aghadi Nagar Co-operative Housing Society Ltd. Through its Authorised Representative .. Petitioner Versus The State of Maharashtra and Ors. .. Respondents ....................  Mr. Satyam R. Dubey, Advocate for Petitioner.  Mr. S.D. Rayrikar, AGP for Respondent – State.  Ms. M.J. Reena Rolland a/w. Ms. Aishwarya Bhandary, Advocates for Respondent Nos.5(a) to 5(e) and 7. .....…........… CORAM : MILIND N. JADHAV, J. DATE : JULY 15, 2025. P.C.: 1. Heard Mr. Dubey, learned Advocate appearing for Petitioner; Ms. Rolland, learned Advocate appearing for Respondent Nos.5(a) to 5(e) and 7 and Mr. Rayrikar, learned AGP for Respondent Nos.1 and 2. 2. The present Writ Petition impugns the judgment dated 24.11.2015 passed by the Competent Authority and Deputy District Registrar – Respondent No.2 rejecting the Application No.DC1000698/2014 under Section 11(3) of the Maharashtra Ownership Flats Act, 1963 (for short ‘MOFA’) filed by Petitioner – Society for grant of unilateral deemed conveyance of the plot of land bearing No.88/1A Hissa, Dargah Cross Road, Bhandup (West), Mumbai – 400 078, admeasuring 5600 sq. mts. (for short ‘suit Corrected / Modified order as per speaking to the minutes of order dated 18.07.2025. Corrected / Modified order as per speaking to the minutes of order dated 09.09.2025. 1 of 15 3(AB).WP.8844.2016.doc premises’). The impugned order is appended at page No.60 of the Petition. 3. Brief facts of the case are that Petitioner is a Co-operative Housing Society registered under the Maharashtra Co-operative Societies Act, 1960 situated on the aforementioned suit premises. The said Society was registered on 04.08.1997. 4. On 14.01.2015 P