The Campa Cola society, which had been arguing against the Bombay High Court giving a hearing to the Municipal Corporation of Greater Mumbai (MGCM) on granting deemed conveyance to the society, reversed its stand on Friday. It sought time to take instructions on whether it could include MCGM and Pure Drinks in the application seeking deemed conveyance.
MCGM had leased the land to Pure Drinks Private Limited, which then allowed a promoter to develop it.
The court granted the six societies in the Campa Cola compound time till June 24, when an order would be passed. The Deputy Registrar of Societies had been asked not to proceed with the granting of deemed conveyance to the societies. MCGM and Pure Drinks had challenged the December 17, 2013 order passed by the Deputy Registrar of Societies granting deemed conveyance of the right, title and interest with regard to land under the Maharashtra Ownership of Flats Act (MOFA).
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On Friday, Campa Cola initially argued that neither the MCGM nor Pure Drinks needed to be heard by the court regarding granting of deemed conveyance.
“According to the legislation, the promoter has to transfer his title to the society. He may or may not have the lease and ownership in his favour,” said advocate Prasad Dhakephalkar, who represented the society. “But whatever rights he has must be transferred. In this case, both the Corporation and Pure Drinks say that they are not the developers of the land in question. Thus, they needn’t be heard as their right isn’t affected.”
The MCGM and Pure Drinks disagreed. “The lease deed is between the Corporation and Pure Drinks. There is no sub-lease. They have only given agreement to development,” S.U. Kamdar, counsel for the MCGM, argued.
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Mr. Dhakephalkar then pleaded to the court to allow him to take instructions.