NEELKANTH MANSIONS AND INFRASTRUCTURE PRIVATE LIMITED vs THE DISTRICT DEPUTY REGISTRAR CO OPERATIVE SOCIETIES THANE AND ORS

Judgment text excerpt

Neeta Sawant WP-3530 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3530 OF 2026 Neelkanth Mansions & Infrastructure ...Petitioner Private Limited Versus The District Deputy Registrar, Co- ...Respondents operative Societies, Thane & Ors. ________________ Mr. Sharad Bansal with Mr. Mdehavin Bhatt, Mr. Ranjyot Singh Panesar and Ms. Manashvi Shah i/b. MV Law Partners, for the Petitioner. Ms. Mamta S. Srivastava, AGP for State. Mr. Mosin Naik, for Respondent No.2. ________________ CORAM: SANDEEP V. MARNE, J. Judgment Resd on : 16 June 2026. Judgment Pron.on : 25 June 2026. JUDGMENT: 1) The issue that arises for consideration in the present petition is whether it is mandatory to convey only the plinth and appurtenant area to the organization of flat purchasers when TDR is utilised in construction of buildings in the layout or whether the Page No.1 of 20 25 June 2026 Neeta Sawant WP-3530 OF 2026 principle of land division proportionate to built-up area utilised in construction of buildings in the layout can also be followed in a given case where use of TDR is not restricted to a particular building and TDR is distributed across all buildings in the layout. 2) The issue arises in the light of challenge raised by the Petitioner-Developer to order dated 30 January 2026 passed by the District Deputy Registrar, Co-operative Societies, Thane and Competent Authority (Competent Authority) issuing certificate of unilateral deemed conveyance in respect of land admeasuring 929.84 sq.mtrs in favour of Second Respondent-Society. 3) Petitioner is a developer and promoter of larger integrated project named ‘Neelkanth Greens’ at Village-Majiwada, District-Thane comprising of multiple residential buildings, row houses, common amenities and inf