Bombay HC Orders Santacruz Society To Hand Over 2 Unfinished Flats To Original Allottees

Mumbai, September 26, 2026: The Bombay High Court has ruled that a Santacruz housing society must transfer two unfinished apartments to their original intended owners, dismissing earlier allocations to the directors of the society's contractor. Justice Sandeep Marne ordered the society to cancel the assignments of Flats 801 and 802 in the Shamrock building to Ramesh Mankani and Renu Mankani, former directors of Jet Speed Developers Pvt Ltd, and record Dr Omprakash Soniminde and his wife, Chandrakala, as new members.

The Mankanis, however, must pay Rs 2.5 crore to the current owners within six weeks. The dispute spans nearly three decades, dating back to 1996 when the society decided to build additional floors using TDR/FSI. The Sonimindes were initially given Flats 701 and 702, but the society revoked their allotment due to non-payment and gave the flats to the contractor's directors.

The couple contested this, arguing the directors had no independent right over the society's property. The court agreed that the allocation to the contractor's directors was arbitrary but left the possession of Flats 701 and 702 in place, as the Sonimindes hadn't paid their share for those flats. In contrast, Flats 801 and 802 were still unfinished, and the court ruled that the contractor's directors had no claim to them.

Consequently, the society was directed to formally cancel the current allotments and record the Sonimindes as members. The couple must pay Rs 2.5 crore within six weeks, or the rightful owners can reclaim the flats with police assistance.