14 Juhu housing societies win 8-year legal battle as Bombay HC gives them ‘absolute right’ over common plots

Justice Bharti Dangre of the High Court highlighted the individual conveyance deeds of the 14 JVPD housing societies, which clearly stated that the scheme, sanctioned by the Labour and Housing Department, was meant for allotment to cooperative housing societies. The land was demarcated for building plots, roads, general amenities, and public utilities to be owned in common by the participating societies.

Each society had paid a proportionate cost, amounting to Rs 60 lakh, for their share of the land, which included vacant land measuring 60,100 square yards along with all its appurtenances such as easements, profits, and privileges.

The court rejected the argument presented by the defendant lawyer that the societies were merely trustees of the plots, and affirmed that they had ownership rights.

This case arose when JVPD societies issued a purchase order for the transfer of common plots to the BMC. However, during the process, the BMC attempted to claim that the societies were just trustees of these plots over word mentioned in conveyance that “tenants in common” claiming that the societies do not hold ownership rights and are just tenants.

Following these contentions, the JVPD societies sought legal clarity from the Bombay High Court.

While BMC cited in court that The Bombay Housing Board Act enacted in 1948 aimed at making such schemes and carrying out such works, as are necessary for the purpose of satisfying the need of the Housing Accommodation and it contended that after the completion of scheme the open space for the purpose of ventilation or recreation shall be transferred to the local authority, which in this context is the BMC.

It further cited in the court that the indenture was executed by the erstwhile board which is now substituted by MHADA, the claim of owner by society is not tenable and MHADA is the owner.

Paramjit Singh Ghai, president of the JVPD Cooperative Housing Association Ltd, stated that this ruling is a victory for the common man against misleading administrative claims regarding the ownership rights.

The court’s decision, after eight years of legal battles, has set aside the BMC’s contentions and affirmed the societies’ ownership over the common plots.