18-April-2024 Property/Real Estate Law >> Property & Real Estate  

A legal battle unfolded in Mumbai between Marathon Era Co-operative Housing Society Ltd. and the District Dy. Registrar of Cooperative Societies. The dispute centered on the amount of land rightfully belonging to the housing society.

Unilateral Deemed Conveyance: A Society's Claim

The Maharashtra Ownership of Flats Act (MOFA) offers protection to flat purchasers through a provision called unilateral deemed conveyance. This allows the transfer of land ownership from the developer to the housing society after a specific period.

Marathon Era Society believed they were entitled to the entire plot of land where their housing complex stood under this provision.

The Bone of Contention: Land Area Discrepancy

It appears the total built-up area of the society's buildings occupied only a portion of the entire plot. Here lies the crux of the issue. The society likely claimed rights to the whole plot, whereas the actual entitlement might have been limited to the area encompassing their buildings.

Court's Decision: Awaiting Clarity

Details regarding the final court order are unavailable. However, news reports suggest the Bombay High Court might not have favored the society's claim for the entire plot. This implies the court may have determined the society was only entitled to the land area necessary for their buildings.

Case Significance: Protecting Rights and Ensuring Fairness

This case highlights the importance of clear land demarcation and adherence to regulations like MOFA. It ensures fair treatment for both developers and housing societies regarding land ownership in cooperative housing projects.