In a relief to 14 housing societies of Juhu Vile Parle Development (JVPD) Scheme in suburban Mumbai, the Bombay High Court has ruled that the common plots belong to the societies and not to the Maharashtra Housing and Area Development Authority (MHADA). The court has stated that the housing authority has no right, title, or ownership over these plots.
The JVPD Scheme was completed around 60 years ago.
In a detailed 77-page judgment, the high court noted that the individual conveyance deeds of the 14 JVPD housing societies stated that the scheme, which was 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 14 societies.
The 14 societies had paid a total of Rs 60 lakh proportionately 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.
Justice Bharati Dangre rejected the argument by the Brihanmumbai Municipal Corporation (BMC) that the societies were merely trustees of the plots, and affirmed that they had ownership rights.
The dispute arose when societies issued a purchase order for the transfer of common plots to the BMC. However, 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.
JVPD societies then approached the high court seeking clarification.
The BMC submitted 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. After the completion of the scheme the open space for the purpose of ventilation or recreation shall be transferred to the local authority, which in this case is the BMC.
The civic body further claimed that indenture was executed by the erstwhile Bombay Housing Board which is now substituted by MHADA, the claim of owner by society is not tenable and MHADA is the owner.
The high court judgment, after eight years of legal battle, has affirmed JVPD societies’ ownership over the common plots and set aside the BMC’s contention.
“On true and correct construction of the registered common plot conveyance.., it is declared that the common plots mentioned in the conveyance (Utilities and Amenities) are conveyed and transferred absolutely to the co-owner societies i.e. Plaintiff (societies),” Justice Dangre observed.
“The Defendant No.3 - MHADA has no right, title or interest in the common plots after execution of the registered common plot conveyance along with individual plot conveyance in favour of the 14 societies,” Justice Dangre added.