KARTIK REGENCY COOP. HOUSING SOCIETY LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present writ petition instituted under Articles 226 and 227 of the Constitution of India, the petitioner calls in question the legality and correctness of the order dtd. 26/8/2025 passed by Respondent No. 2 in exercise of powers under Sec. 11 of the Maharashtra Ownership Flats Act, 1963. By the said order, the application preferred by the petitioner Co- operative Housing Society seeking grant of Deemed Conveyance in respect of the property of the Society came to be rejected.

(2.) The material on record indicates that pursuant to the Commencement Certificate dtd. 13/9/2007 issued by the Navi Mumbai Municipal Corporation, the building of the petitioner Society was constructed on land bearing CTS Nos. 100, 101 and 103 to 107, situated at Kille Gaothan, Belapur, Navi Mumbai.

(3.) Upon completion of construction, the Navi Mumbai Municipal Corporation issued an Occupation Certificate dtd. 21/3/2009. A plain reading of the said Occupation Certificate demonstrates that Respondent Nos. 3 and 4 had exhausted the entire permissible Floor Space Index in respect of the aforesaid land bearing CTS Nos. 100, 101 and 103 to 107. The sanctioned building plan as it stood on the date of issuance of the Occupation Certificate further substantiates that the entire FSI available on the land bearing CTS Nos. 100, 101 and 103 to 107 had been fully utilized by Respondent Nos. 3 and 4.