MUMBAI: The Bombay High Court has ruled that conveyance granted to housing societies comprising multiple buildings must include surrounding land and open spaces that are appurtenant, necessary, or incidental to the beneficial enjoyment of the property, and not just “the footprint beneath columns and staircases.”
The court was hearing a petition filed by Rashesh Cooperative Housing Society in Bhayandar West, challenging an order of the District Deputy Registrar (DDR), Cooperative Societies, Thane, Dr Kishore Mande, which rejected its claim for deemed conveyance of common amenities and an undivided share in open spaces.
In October 2023, the DDR had granted deemed conveyance to the society, but limited it to the building’s plinth (built-up) area. After the matter was remanded by the high court, the society renewed its claim seeking conveyance of the plinth area along with common amenities and proportionate rights in open spaces. The DDR, however, rejected the plea.
The society then approached the high court for the second time, contending that although it was formed in 2015, the developer, Shreeji Developers, had failed to execute the conveyance in its favour.
Appearing for the society, advocate Bhavin Gada argued that under a June 2018 Government Resolution, societies are entitled not only to the building but also to open spaces, common facilities, access roads, and proportionate undivided rights in recreational grounds.
The society submitted that its total claim covered 3,987.16 sq m, along with proportionate rights in a 703.62 sq m recreational ground, whereas the developer sought to restrict the conveyance to 1,050 sq m.
A single-judge bench of justice Amit Borkar accepted the petitioner’s arguments, holding that a housing society is also entitled to “appurtenant” or annexed areas beyond the building’s footprint and the associated common amenities.
The judge said that the Development Control Regulations are relevant for fixing the area that is required to be conveyed to a housing society, as planning regulations prescribe aspects such as minimum front, side and rear margins, distance between buildings, internal roads, amenity spaces, recreational ground reservations, parking norms, and drainage corridors.
“They define how the building can exist,” the judge said. “Therefore, while deciding the extent of conveyance, the court must examine sanctioned plans and applicable regulations. Land which planning law links to the use of the building may constitute part of the appurtenant entitlement, subject to layout and rights of other buildings.”
The court concluded that Rashesh CHS was entitled to conveyance for an area measuring 2201.56 sqm and an undivided proportionate right in common recreational ground area of 703.62 sqm.
The court directed the DDR to issue a fresh certificate of deemed conveyance and execute all consequential orders and directions in favour of the society by incorporating these areas within a period of eight weeks.