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xi. In view of the aforesaid observations, although the application of Unilateral Deemed Conveyance appears to be faulty, the Applicant Society Thursday, 08 May 2025 Neeta Sawant WP-18739-2024 with WP-4649-2025-FC cannot be deprived of their legitimate right under the Agreement ie. the lease of the land. Several years have elapsed from the date of Registration. Thus, hold that that the Applicant Society would be entitled to Lease of the land to be worked out on prorata basis as per the GR dated 22nd June, 2018. However the entire retained area of 222 sq.mtrs cannot be deducted as there appears to be a setback area. The certificate issued by Mr. Vijay N. Goradia can be accepted. As regards the area to be leased to the Society the same can be worked out as under without depriving the rights of all stake holders in the property.

29) However, after holding that the application was liable to be rejected on the ground of it being filed by the Board of Administrators, the Competent Authority also went into few other issues. It ruled that there are three buildings in the layout viz. Vijay, Vijay-II and owner's building known as Wing-D. It held that Wing-D could not be considered separately. That the members of Wing-D building were not part of Vijay- II CHS. That land admeasuring 222 sq.mtrs. was required to be excluded for owner's building Wing-D. The Competent Authority Thursday, 08 May 2025 Neeta Sawant WP-18739-2024 with WP-4649-2025-FC further held that Vijay-II CHS was entitled to only lease in accordance with the agreements executed under Section 4 of MOFA. This is how the application filed by Vijay-II CHS was held to be 'faulty' in para-19 of the order. However, the Competent Authority held that the Society could not be deprived of its legitimate right under the Agreement of securing lease of land on pro rata basis as per Government Resolution dated 22 June 2018. The Competent Authority however rejected objection of the Promoters that land admeasuring 222 sq.mtrs. needs to be deducted and held that there was a setback area in the layout. The authority proceeded to accept certificate issued by the Promoter's Architect- Mr.Vijay M. Goradia and worked out pro rata land area for each of the three buildings and held that Vijay-II CHS was entitled to lease of 1399.04 sq.mtrs. plus share in RG area of 246.89 sq. mtrs (total land of 1645.97 sq.mtrs), in addition to setback area/DP road area benefit of 335.78 sq.mtrs. The Competent Authority held that Vijay-II Society sought incorrect area without considering the entitlement of Wing-D building. This is how the Competent Authority proceeded to deal with on some of the issues on merits even though it found the application of Vijay II CHS to be not maintainable as the same was filed by the Board of Administrators. 

D.5      RIGHT OF WAY FROM MAIN S.V. ROAD



101)              Vijay     CHS        has   filed   Writ     Petition    No.      4649/2025

challenging the order dated 12 November 2024 to the limited extent of grant of right of way to Vijay-II CHS from main S.V. road as well as grant of benefit of setback area. So far as conveyance of benefit of D.P. Road/Setback area is concerned, I do not see any illegality in the order passed by the Competent Authority. It is noted that even Vijay CHS is granted set back benefit FSI advantage of DP road. Vijay CHS cannot therefore selectively question conveyance of proportionate share in the Setback/D.P. road area benefit in favour of Vijay II CHS. It appears that certain portion of the land on the northern side has been acquired for construction of 30-meter-wide D.P. road. It also appears that certain portion of land on eastern and western side is surrendered as setback Thursday, 08 May 2025 Neeta Sawant WP-18739-2024 with WP-4649-2025-FC area. FSI is generated out of surrendered setback area. All the three structures in the layout must receive their share in the benefit arising out of D.P. road/Setback area proportionate to the built-up area utilised for construction of their respective buildings. 

E.       CONCLUSIONS



103)              The conspectus of the above discussions is that application

No.142/2024 filed by Vijay-II CHS for deemed conveyance of land and building was perfectly maintainable and was not barred by principles of res-judicata. The application has rightly been entertained and Thursday, 08 May 2025 Neeta Sawant WP-18739-2024 with WP-4649-2025-FC adjudicated by the Competent Authority. The Competent Authority has rightly held that Vijay-II CHS is entitled to conveyance of ownership rights in land and building and not merely lease thereof. The Competent Authority has however committed an error in conveying Wing-D building and land utilised for its construction in favour of Vijay-II CHS. Wing-D is a separate building/structure and occupants thereof are entitled to conveyance of land proportionate to the built-up area utilised for its construction. Therefore, Wing-D building, as well as land proportionate to its built-up area, as well as D.P. road/Setback area benefit deserves to be deducted from entitlement of Vijay II CHS. To this limited extent, order dated 12 November 2024 deserves modification. For effecting such modification, Application No.142/2024 deserves to be remanded to the Competent Authority for issuance of fresh certificate of unilateral deemed conveyance depicting correct land area of Wings-A, and C of the building in favour of Vijay-II CHS.