In a significant ruling, the Bombay High Court has reaffirmed that legal provisions take precedence over developer-drafted agreements, strengthening the rights of flat purchasers. The court dismissed a writ petition filed by GK Developers and members of the Bhise family, making it clear that contractual clauses cannot override statutory protections granted to homebuyers.
The judgment, delivered by Justice Amit Borkar in Writ Petition No. 1647 of 2025, was reserved on February 23, 2026, and pronounced on March 17, 2026. The case involved a dispute between the developers and the Dwarka Flora Residency Phase-2 Co-operative Housing Society in Pune’s Pimple Saudagar.
The project, initiated in 2005 and completed in 2010, comprised two wings with 42 flats and eight shops. While a condominium structure was formed in 2010 and land conveyance executed in 2011, the society later transitioned to a cooperative housing model in 2022. In 2023, the society sought deemed conveyance, which was granted in November 2024, prompting the developers to challenge the decision.
The developers argued that the property had already been conveyed in 2011 and claimed that a second conveyance would be illegal. However, the society contended that the earlier transfer was incomplete, as the developer had retained Floor Space Index (FSI) and redevelopment rights, leaving ownership fragmented.
The court held that such partial transfers defeat the purpose of housing laws like the Maharashtra Ownership Flats Act, 1963 and the Maharashtra Apartment Ownership Act, 1970. It emphasised that ownership must fully vest with flat purchasers and that promoters cannot indefinitely retain development rights.
Advocate Shreeprasad Parab, representing the society, said, “The true spirit of cooperative housing is rooted in the constitutional vision under Article 43B. When promoters retain control after selling flats, it undermines statutory rights under MOFA and the principle that citizens must have complete ownership and dignity in their homes. This judgment reaffirms that statutory law will always prevail over developer-driven contracts.”
The court dismissed the petition, upheld the deemed conveyance, and granted no interim relief.
Source: Mid-day
