Mumbai: In a significant victory for over 700 flat owners, the Bombay High Court has ordered the issuance of a deemed conveyance certificate in favour of the Neelkanth Heights Cooperative Housing Societies Association Ltd in Thane. The court also pulled up the developer - Abhinav Real Estate Private Limited, now known as Neelkanth Realtor Private Limited - for unjustified delay in transferring property rights.
The ruling comes following the residents’ decade-long struggle to secure ownership of the land on which their homes stand.
Justice Amit Borkar, in a judgment passed on April 24 and made available on May 9, directed the Competent Authority to issue the conveyance certificate under Section 11(3) of the Maharashtra Ownership Flats Act (MOFA). The court noted that the developer’s resistance was in clear violation of flat purchasers’ statutory rights and MOFA’s mandate that conveyance must be executed within four months of society formation.
The Association—comprising three registered societies, Rameshwar (2004), Mansarovar (2005), and Girija (2011)—had filed for deemed conveyance of leasehold rights over land at Majiwada, Thane. A total of 740 flats and 29 shops were built by Abhinav Real Estate Pvt Ltd (now Neelkanth Realtors Pvt Ltd), yet the conveyance deed had not been executed even after nearly two decades.
The Competent Authority had earlier rejected the Association’s application, citing ongoing phased development, a status quo order in a civil suit, and allegations that the Association sought excess land.
The HC found these objections baseless, holding that vague claims of “future development” cannot override the legal obligation to convey title to the societies.
Justice Borkar observed that no construction had taken place for years and called the developer’s arguments “speculative.” The judge clarified that MOFA does not allow indefinite delay on the promise of future projects. The court also upheld the legality of the Apex Society’s formation, ruling that once individual societies are registered, they are entitled to join under an umbrella association without the builder’s consent.
On the land area dispute, the court accepted the Association’s architect’s calculations based on sanctioned plans and rejected the builder’s claim that the Association sought more land than was due. It added that any such disputes can be dealt with through independent civil proceedings.
While directing issuance of the deemed conveyance certificate, the court said its order would not affect any civil claims the developer may pursue separately.
