The Bombay High Court on Tuesday set aside the deemed conveyance granted to six buildings of Campa Cola compound. The Deputy Registrar of Societies has been directed to hear a fresh application by the society, after making the Mumbai Corporation and Pure Drinks party to it.
The title and land rights of the land in question are transferred from the promoter to the housing society as per the deemed conveyance. The Municipal Corporation of Greater Mumbai (MCGM) had challenged the conveyance issued to the six buildings of Campa Cola compound on the ground that despite being the owner of the land, it was not given a hearing before granting the conveyance.
The buildings are — Shubh, Esha Ekta, BY Apartments, Mid Town, Patel and Orchid.
Even Pure Drinks, which had received the land on lease from MCGM, objected on the same grounds.
Campa Cola had argued that the court needn’t hear the MCGM and Pure Drinks, as whatever rights the promoter had, whether faulty or incomplete, were transferred to the society.
It had later gone on a back foot, seeking time from the court to consider if it could make MCGM and Pure Drinks parties for hearing a fresh application on deemed conveyance.
On Tuesday, the society said it was agreeable to the Deputy Registrar giving a hearing to the Corporation and Pure Drinks. The court thereafter disposed the petition and directed the appropriate authority to take a decision on the issuance of fresh deemed conveyance within a period of two months.
Justice R.M. Savant set aside the December 17, 2014 order of the Deputy Registrar. All the relevant issues have been kept open on merit.
