GHATKOPAR CHANDRODAYA COOP. HOUSING SOCIETY LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this writ petition arises from the proceedings under Sec. 154B-29 of the Maharashtra Cooperative Societies Act 1960. The sec. provides a summary procedure for recovery of dues. The issue here is whether such recovery proceedings were lawful in the facts on record.

(2.) By this petition, the petitioner challenges the order dtd. 5/2/2024 passed by respondent no. 2. By the said order, respondent no. 2 rejected the petitioner's application for deemed conveyance under Sec. 11 of the Maharashtra Ownership of Flats Act, 1963. The application concerns the property consisting of land admeasuring 955.50 sq. mtrs. and road setback area of 84.60 sq. mtrs. It includes two buildings known as Ghatkopar Chandroday CHS Ltd. with ground plus three floors and Old Chandroday with ground plus two floors. The property is situated at CTS No. 5897, TPS III, Plot No. 33, Survey No. 253/A, Hissa No. 4 part, Bhaveshwar Road, Ghatkopar East, Mumbai 400077.

(3.) The brief facts are as follows. Originally, four persons namely Trikamdas Shivji Rajiani, Dr. Miss T. Rukshmani, Dilip Trikamdas Ravjiani and Harish Trikamdas Ravjiani owned the land and building known as Chandrodaya at Bhaveshwar Road, Ghatkopar. The land measured 1491.75 sq. yds. equal to 1247.25 sq. mtrs. as per Partition Deed dtd. 19/5/1947. It measured 1255 sq. yds. equal to 1041.1 sq. mtrs. as per City Survey Records. The property stood on C.S. No. 5897 and Survey No. 253/A Hissa No. 4 part, Plot No. 33 of Town Planning Scheme III. The original owners decided to redevelop the property. They entered into a partnership deed dtd. 1/7/1978 with Hirbai Devshi Vikamsey, Pramila Thakershi Gosar and Indira Jayantilal Vikamsey. They brought the property as capital into the partnership business. The partnership carried out business as builders and developers in the name of respondent no. 4. Respondent no. 4 obtained IOD and other permissions from the municipal authority. Respondent no. 4 constructed a new building with ground plus three floors consisting of four commercial and six residential premises after demolishing one old structure. Respondent no. 4 retained one old structure consisting of ground plus two floors. Respondent no. 4 sold the commercial and residential premises in the new building to various purchasers by executing agreements and handing over possession.