Municipal Corporation Of Greater ... vs Shubh Apartments Co-Op Hsg Soc. Ltd And ...

ik-178314312 Bombay High Court 5 March 2026 • WRIT PETITION NO.9658 OF 2014 • 16 min read

Judges (1)

Amit Borkar Delivered

Parties (11)

B. Y. Apartments CHS Limited Respondent B.Y. Builders Private Limited Respondent Esha Ekta Apartments CHS Limited Respondent Mid-Town Apartments CHS Limited Respondent Municipal Corporation of Greater Mumbai Petitioner Orchid Apartments CHS Limited Respondent PSB Construction Co. Limited Respondent Patel Apartments CHS Limited Respondent Pure Drinks Private Limited Respondent Shubh Apartments Co-Op Hsg Soc. Ltd Respondent Mohammed Yusuf Abdulla Respondent

Case Significance

Municipal Corporation Of Greater ... vs Shubh Apartments Co-Op Hsg Soc. Ltd A... is a Bombay High Court decision dated March 5, 2026 (citation: ik-178314312). BMC challenged the deemed conveyance order in favour of multiple cooperative housing societies on a plot in Worli, Scheme No.58, arguing the buildings had unauthorized construction beyond sanctioned floors. The court dismissed the petition, upholding the deemed conveyance but clarifying it was confined strictly to the land specified and authorized development (ground plus five floors as per sanctioned plans), and would not confer any right or protection for unauthorized additional floors. BMC The case was heard by Justice Amit Borkar.

Summary

BMC challenged the deemed conveyance order in favour of multiple cooperative housing societies on a plot in Worli, Scheme No.58, arguing the buildings had unauthorized construction beyond sanctioned floors. The court dismissed the petition, upholding the deemed conveyance but clarifying it was confined strictly to the land specified and authorized development (ground plus five floors as per sanctioned plans), and would not confer any right or protection for unauthorized additional floors. BMC's ownership rights under the original lease deed remained unaffected except to the extent of transfer under Section 11 of MOFA.

What was the outcome of Municipal Corporation Of Greater ... vs Shubh Apartments Co-Op Hsg Soc. Ltd A...?

BMC challenged the deemed conveyance order in favour of multiple cooperative housing societies on a plot in Worli, Scheme No.58, arguing the buildings had unauthorized construction beyond sanctioned f...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-178314312)