Mumbai, September 17, 2026: The Bombay High Court has set aside three orders granting deemed conveyance to housing societies in a Goregaon layout and directed the authorities to freshly determine their share in the land, observing that the subsequent loading of Transferable Development Rights (TDR) had created an unequal situation among the societies.
Justice Sandeep Marne, on September 16, held that land in the layout should be divided on the basis of the built-up area (BUA) shown in the sanctioned layout plan dated March 10, 2005, instead of the later plan of July 9, 2010, which included substantial TDR.
Dispute Over Land Entitlement
The court was dealing with three petitions filed by Satellite Garden I Cooperative Housing Society Ltd, Sadguru Complex 1 (AB) Cooperative Housing Society Ltd and Satellite Tower Cooperative Housing Society Ltd.
The dispute concerned a 21,807.18 sq m sub-plot at A.K. Vaidya Marg, Goregaon East, on which four buildings have been constructed. A fifth building was shown in the sanctioned plans but has not been constructed.
The court noted that the Competent Authority had followed different methods while granting conveyance to the societies. Satellite Tower had received 4,864.21 sq m, corresponding to its plinth area, while Sadguru Complex 1 (AB) had received only 643.81 sq m. Sadguru Complex 1 (CD), meanwhile, had received 2,134.15 sq m, including its proportionate share of recreational ground area.
Court Rejects Later TDR Plan
The court said the later plan of July 9, 2010 showed a substantial increase in sanctioned BUA due to slum TDR. It held that these figures could not be used for deciding the land entitlement of the societies.
“The land distribution cannot be based on the plan dated 9 July 2010,” the court observed, adding that the plan was “irrelevant for deciding the proportionate land division.”
The court laid down a broader principle that the proportionate land entitlement of a society in a layout gets “crystallised and frozen” when its right to conveyance arises under the Maharashtra Ownership Flats Act (MOFA), and subsequent revision of plans should not reduce that entitlement.
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Fresh Division Ordered
Applying the principle to the case, the court directed that the entire 21,807.18 sq m sub-plot be divided among the four existing buildings, without reserving land for the unconstructed building or temple.
The three impugned orders were set aside and the applications were remanded to the Competent Authority. The court directed an architect to prepare a fresh certificate calculating each society’s land share based on the BUA figures in the 2005 layout plan.
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