Bombay High Court Rules on Housing Society Conveyance Rights
Conveyance must include open spaces, not just building footprint: HC
Hindustan Times
Image: Hindustan Times
The Bombay High Court has mandated that conveyance for housing societies in Mumbai must include not only the building footprint but also surrounding open spaces and common amenities. This ruling arose from a petition by Rashesh Cooperative Housing Society in Bhayandar West, which sought greater rights to shared areas and recreational grounds.
- 01Conveyance must include open spaces and common amenities, not just building footprints.
- 02The ruling came from a case involving Rashesh Cooperative Housing Society in Bhayandar West, Mumbai.
- 03The court directed the District Deputy Registrar to issue a fresh certificate of deemed conveyance.
- 04The total area entitled to the society includes 2,201.56 sqm and rights to a 703.62 sqm recreational ground.
- 05The decision emphasizes the importance of planning regulations in determining conveyance rights.
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The Bombay High Court has ruled that housing societies in Mumbai are entitled to conveyance that includes not only the building footprint but also surrounding open spaces and common amenities. This decision was made in response to a petition from Rashesh Cooperative Housing Society in Bhayandar West, which challenged a previous order by the District Deputy Registrar of Cooperative Societies, Thane, limiting conveyance to the building's plinth area. The society, formed in 2015, argued that under a Government Resolution from June 2018, they are entitled to open spaces and common facilities. The court, led by Justice Amit Borkar, agreed, stating that conveyance must consider planning regulations that dictate the necessary areas for beneficial enjoyment of the property. Consequently, the court ordered that Rashesh CHS is entitled to conveyance of 2,201.56 sqm and a proportionate right in a 703.62 sqm recreational ground, directing the District Deputy Registrar to issue a new certificate of deemed conveyance within eight weeks.
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This ruling will enhance the rights of housing societies in Mumbai, ensuring they have access to necessary open spaces and amenities, which can improve community living conditions.
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