20 June 2025 Civil Writ Petition >> Civil & Consumer Law   |   Property Law >> Personal Law  

In Star Deep Cooperative Housing Society Ltd., Though its Chairman Ankit Jain, an Adult, Indian Inhabitant, Mumbai v/s Municipal Corporation of Greater Mumbai, Mumbai & Others., the Bombay High Court has dismissed a writ petition filed by a Co-operative Housing Society, Star Deep Co-operative Housing Society, against an ongoing redevelopment project by Blue Star Crystal Co-operative Housing Society (B.S. Crystal) and Sahakar Developers. The petition sought a stay on construction, alleging that B.S. Crystal had usurped a significant portion of Star Deep's built-up area and proceeded with an amended plan without obtaining Star Deep's consent or a No Objection Certificate (NOC).

The Petitioner, Star Deep, argued that both societies are located on a common layout, making their consent a prerequisite for B.S. Crystal's redevelopment. They claimed entitlement to a portion of the larger land and development rights, which B.S. Crystal allegedly failed to convey. They further cited a BMC report from December 2021, which, despite observations, did not result in an NOC from Star Deep for the redevelopment.

The Brihanmumbai Municipal Corporation (BMC), a respondent in the case, countered that the writ plot was not subdivided, comprising two buildings—B.S. Crystal as the owner/lessor and Star Deep as the lessee. The BMC submitted an affidavit affirming that there was no Floor Space Index (FSI) imbalance and that the redevelopment by B.S. Crystal was within the permissible plot potential, not encroaching upon Star Deep's entitlements. The BMC also contended that disputes concerning lessor-lessee rights are civil in nature and fall outside the ambit of writ jurisdiction under Article 226 of the Constitution of India.

Respondent No. 6, B.S. Crystal, asserted that the petition suffered from significant delay and laches, as Star Deep was aware of the development activities since late 2021. They maintained ownership of the larger property and argued that any claims by Star Deep over development rights or property portions must be established in a civil suit, not a writ petition. B.S. Crystal also highlighted that Star Deep, as a lessee, was bound by the terms of a 1982 lease indenture and could not claim rights beyond that agreement, particularly regarding pro-rata FSI distribution for Transferable Development Rights (TDR) utilization.

After reviewing the arguments and records, the High Court concurred with the BMC's clarification that B.S. Crystal's redevelopment was in accordance with the law and did not impinge on Star Deep's entitlements. The court found that the interpretation of the 1982 lease deed and any disputes regarding FSI calculations necessitated the examination of documents and parties, which is a function of a civil court, not a writ court.

Citing the Supreme Court's ruling in Shalini Shyam Shetty & Anr. v/s. Rajendra Shankar Patil, the High Court concluded that the issues raised in the petition were purely property disputes between a lessor and a lessee and, therefore, could not be entertained under its writ jurisdiction. Consequently, the petition was dismissed, with no orders as to costs.