Mumbai, July 17, 2026: The Bombay High Court has ruled that a competent authority cannot decide disputes over the exact proportionate share of recreational ground (RG) land while issuing a corrigendum to a deemed conveyance certificate, holding that such an exercise amounts to adjudication and goes beyond its limited powers.
Justice Sandeep Marne set aside a January 12, 2026, order of the District Deputy Registrar and Competent Authority, which had modified the unilateral deemed conveyance certificate of Devendra Co-operative Housing Society Ltd. in Borivali West by specifying that it was entitled to 463.38 square metres of the RG area during the redevelopment of its building.
The High Court passed the order on July 15 while hearing petitions filed by Shree Rasraj Heights Co-operative Housing Society Ltd. and the developer, M/s Brij Builders, challenging the January order of the competent authority.
Dispute Over RG Share
The dispute arose between Shree Rasraj Heights and Devendra CHSL, two housing societies in a Borivali layout, over the exact proportionate share of the common recreational ground. While Devendra CHSL claimed a larger share based on plot area, Shree Rasraj Heights argued that the calculation should be based on the built-up area of the buildings.
The court observed that although redevelopment under the Development Control and Promotion Regulations requires determination of each building's proportionate share in the RG area because additional FSI can flow from it, the competent authority cannot decide rival claims through a corrigendum.
“There was a serious dispute before the Competent Authority in respect of the entitlement of the buildings to a share in the R.G. area. This disputed question of fact could not have been determined by the Competent Authority by exercising the power of issuance of a corrigendum,” the court said.
It added that the authority had “clearly entered into the realm of exercising adjudicatory power and has not restricted itself to merely correcting an arithmetical or clerical error.”
HC Defines Scope Of Corrigendum
The court reiterated that a competent authority becomes functus officio after issuing a deemed conveyance order and has no power to review or substantially modify it. A corrigendum can only be used to correct obvious clerical or arithmetical mistakes arising from accidental slips or omissions, it said.
“In the present case, entitlement to the proportionate share of Devendra CHSL in the R.G. area is not disputed by anyone. However, the dispute is only about the exact area of the proportionate share. That dispute cannot be resolved by issuance of a corrigendum as it involves an adjudicatory exercise of power,” the court observed while quashing the corrigendum.
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The High Court, however, clarified that Devendra CHSL would not be left without a remedy and granted it liberty to separately challenge the original deemed conveyance order to seek determination of its exact entitlement to the RG area.
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