In a landmark ruling benefiting over 700 flat owners, the Bombay High Court has directed the issuance of a deemed conveyance certificate in favour of the Neelkanth Heights Cooperative Housing Societies Association Ltd, located in Thane. The court also sharply criticised the developer—Abhinav Real Estate Private Limited, now operating as Neelkanth Realtor Private Limited—for the prolonged delay in transferring property rights.
The decision follows a decade-long legal battle by residents to secure ownership of the land on which their homes are built. Justice Amit Borkar, in a judgement delivered on 24 April and released on 9 May, ordered the Competent Authority to grant the certificate under Section 11(3) of the Maharashtra Ownership Flats Act (MOFA). The judge stated that the developer’s refusal to transfer ownership violated the statutory rights of the flat purchasers and contravened MOFA’s requirement to execute conveyance within four months of society formation.
The Association includes three societies—Rameshwar (2004), Mansarovar (2005), and Girija (2011)—comprising 740 flats and 29 shops. Despite this, the conveyance deed had not been executed nearly two decades after construction.
Earlier, the Competent Authority had rejected the Association’s application, citing ongoing development and disputes over land area. However, the High Court dismissed these objections as baseless and speculative, noting there had been no new construction for years.
Justice Borkar also upheld the legality of the Apex Society’s formation, ruling that individual societies may unite under a central association without the builder’s consent. The court accepted the Association’s architect’s land area calculations and stated that any disputes over excess land can be resolved through separate civil proceedings.
While ordering the issuance of the conveyance certificate, the court clarified that its decision would not affect any future civil claims the developer may pursue.
Source: The Free Press Journal
