Goregaon Land Dispute: Bombay HC Sets Aside 3 Deemed Conveyance Orders, Directs Fresh Land Division

The Bombay High Court has overturned three previous orders granting deemed conveyance to housing societies in a Goregaon layout and ordered a fresh determination of their land shares. Justice Sandeep Marne ruled that land distribution should be based on the built-up area (BUA) in the sanctioned layout plan from March 10, 2005, rather than a later plan from July 9, 2010, which included significant Transferable Development Rights (TDR).

The dispute involved the Goregaon East sub-plot at A.K. Vaidya Marg, where four buildings have been constructed and a fifth remains uncompleted. The court found that the Competent Authority used different methods when awarding conveyance to the societies, resulting in unequal land entitlements. Satellite Tower Housing Society received 4,864.21 sq m, Sadguru Complex 1 (AB) obtained 643.81 sq m, while Sadguru Complex 1 (CD) was allocated 2,134.15 sq m, including its share of recreational ground area.

The court emphasized that land entitlements crystallize when societies gain the right to conveyance under the Maharashtra Ownership Flats Act (MOFA), and any subsequent plan revisions should not diminish this entitlement. The court directed the land to be split equitably among the existing buildings, cutting out space for the unfinished structure and temple, and ordered an architect to prepare a fresh certificate based on the 2005 BUA figures.