In layouts, land to be conveyed to a society is frozen on due date: HC
MUMBAI, Sept. 18 -- The Bombay High Court has held that in a layout development, the land meant to be conveyed to a housing society or association of flat purchasers, stands frozen on the due date - on expiry of four months from its formation. It cannot be reduced on account of subsequent revision of the plans for further construction.
A single judge bench of Justice Sandeep Marne said on Wednesday that the right to secure conveyance of the land and the building becomes the right of the organisation of flat purchasers - a co-operative housing society or an association of the flat purchasers - upon expiry of the period. This amounts to four months under Section 11 of the Maharashtra Ownership Flats Act and Rule 9 of MOF Rules.
Consequently, the judge said, in a layout development, which has several buildings, the proportionate land to be conveyed to a society or association stands crystalised and frozen on this due date and the area of this land cannot be subsequently reduced on account of further development in the layout.
The court clarified that conveyance or deemed conveyance in such cases should be granted by dividing the land proportionate to the built-up-area (BUA) utilised in construction of each of the buildings based on either the first sanctioned plan or the sanctioned plan in vogue on the due date.
The court passed the order on separate petitions filed by three cooperative housing societies - Satellite Garden I CHS, Sadguru Complex 1 (AB) CHS, and Satellite Tower CHS, which are part of a layout in Goregaon east. The societies had challenged October 2025 orders passed by the competent authority under MOFA, refusing conveyance for land proportionate to the BUA utilised in construction of the buildings, and instead granted them conveyance only for their respective plinth areas....
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