Saturday, Oct 25, 2014

HC sets aside deemed conveyance for Campa Cola housing societies

campa-cola The civic body issued fresh eviction notices, finally entering the premises on June 23.
Express News Service | Mumbai | Posted: July 2, 2014 12:06 am

The Bombay High Court Tuesday set aside the deemed conveyance granted to the societies in the Campa Cola compound in Worli and remanded the matter to the deputy registrar of cooperative societies for a fresh hearing.

Justice R M Savant was acting on a petition filed by the Brihanmumbai Municipal Corporation (BMC) challenging the December 17, 2013 ex-parte order passed by the Deputy Registrar of societies granting the certificate for deemed conveyance of the Campa Cola land to six buildings.

The civic body had contended that the deputy registrar had granted unilateral deemed conveyance of the “right, title and interest” with regard to the land under the Maharashtra Ownership of Flats Act in favour of Shubh, Esha Ekta, BY Apartments, Mid Town, Patel and Orchid buildings in the compound.

A deemed conveyance is an order allowing a society the legal right over property in case the builder/ land owner and/ or their legal heirs are not willing to transfer the rights.

With deemed conveyance, the owners of the illegal flats would become the property holders of the plot and could then apply for regularisation of the illegal portions using the compound’s leftover permissible Floor Space Index.
During the hearing, the BMC also said that it was the owner of the 17,719 square metre of land, of which 13,049 square metre had been conveyed to the Campa Cola societies.

Representing the societies, senior counsel Prasad Dhakephalkar told the court that his clients did not have any objection to the High Court’s order asking the matter to be heard afresh. He also said that they have no objection to making the BMC a party to the proceedings before the competent authority — the Deputy Registrar.

Justice Sawant, while setting aside the December 17, 2013 order, directed the the deputy registrar to hear and decide the societies’ application latest by September 4, 2014.

The societies within the compound in Worli were embroiled in a row over the demolition of 25 illegal floors in seven buildings. On June 3, the Supreme Court had dismissed a fresh petition filed by the residents seeking an extension of their eviction deadline and regularisation of the illegal flats.

The demolition that was ordered by the apex court in February 2013, was deferred by the court on two occasions. The latest deadline was May 31. After the residents failed to get relief from the Supreme Court on June 3, the civic body granted them more time to vacate their flats and issued fresh eviction notices, finally entering the premises on June 23.
While BMC has disconnected the electricity, gas and water connections to the illegal flats, the actual demolition has not yet begun.

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