Tuesday, June 22, 2021
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HC sets aside ‘deemed conveyance’ to Campa Cola societies

Setting aside an order of the Deputy Registrar of Cooperative Housing Societies granting ‘deemed conveyance’ to Campa Cola societies at upscale Worli here, Bombay High Court on Tuesday referred the matter back for fresh hearing.

Justice R M Sawant set aside the order of Deputy Registrar of Societies while hearing a petition filed by Brihanmumbai Municipal Corporation (BMC) challenging the December 17, 2013 order granting unilateral deemed conveyance of the land to the societies.

The BMC had contended that being the owner of the land it was not heard in the matter and hence the impugned order should be set aside.

Prasad Dhakephalkar, advocate for Societies, informed the court that his clients have no objection to the impugned order being set aside and the matter may be referred for fresh hearing.

He also said that they have no objection to making BMC a party to the proceedings before the Deputy Registrar of Cooperative Housing Societies.

Setting aside the December 17, 2014 order, Justice Sawant directed the competent authority the Deputy Registrar to hear and decide the societies’ application for ‘Deemed Conveyance’ latest by September 4.

The order was passed with respect to Shubh, Esha Ekta, BY Apartments, Mid Town, Patel and Orchid buildings in the complex after hearing the petition of BMC, which has claimed ownership of the land on which these buildings are situated, and a lessee, Pure Drinks.

BMC counsel S U Kamdar contended that it is the owner of the land and that conveyance had been granted not only for the land but also the buildings which are currently facing demolition.

Counsel for Pure Drinks Ashutosh Kumbhkoni argued that the Deputy Registrar had not heard his client.

However, the High Court would have any effect on the proposed demolition of the buildings in keeping with the orders of the Supreme Court, BMC sources said.

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