Tathawade, 30th April 2026: In a landmark judgment reinforcing the rights of flat purchasers under the Maharashtra Ownership Flats Act (MOFA), the Bombay High Court has granted major relief to The Nook Co-operative Housing Society in Tathawade, Pimpri Chinchwad. The Court ruled that the society is rightfully entitled to 23,362.26 sq. meters of land, along with proportionate rights in open spaces, internal roads, common amenities, and services.
Delivering the ruling on April 28, 2026, in Writ Petition No. 3585 of 2026, Justice Amit Borkar quashed an earlier order by the Deputy District Registrar (Competent Authority) dated November 7, 2025. That prior order had controversially restricted the society’s entitlement to just 7,020.69 sq. meters. The High Court has now directed the issuance of a fresh deemed conveyance certificate and ordered the developer, Pyramid Developers, and the original landowners to execute a unilateral deed of conveyance within four weeks.
Developers Cannot Dilute Vested Rights
A core issue in the dispute was whether a developer could limit a housing society’s land rights based on revised layouts introduced after the majority of flats had been sold. The High Court firmly rejected this approach, holding that the society’s entitlement must be determined based on the original sanctioned layout of 2012 and the state Government Resolution dated June 22, 2018.
The Court ruled that promoters cannot unilaterally alter project layouts to exploit future development potential once flats are sold and the society is formed. Under MOFA, flat purchasers are entitled to full and true disclosure. Consequently, subsequent plans or the addition of Floor Space Index (FSI) cannot be used to curtail the vested rights of flat owners without their informed consent. The judgment also noted that the Competent Authority had exceeded the scope of an earlier High Court remand by relying on material that could not legally reduce the society’s land entitlement.
A 5-Year Legal Struggle
The Nook CHS, comprising 282 flat purchasers across three residential wings (A, B, and C), was registered in April 2019. Despite the completion of construction, the developer failed to convey the full land, prompting a protracted legal battle:
- February 2021: The society files a deemed conveyance application.
- October 2021: Proceedings are stayed by a civil court at the instance of the original landowners.
- September 2023: The stay is vacated, and proceedings resume.
- July 2024: The Competent Authority grants a mere 1,504.81 sq. meters as conveyance.
- February 2025: The Bombay High Court remands the matter for a limited determination of proportionate area.
- April–May 2025: Review petitions and challenges before the Supreme Court fail.
- November 2025: The Authority once again restricts conveyance, this time to 7,020.69 sq. meters.
- April 2026: The Bombay High Court grants final relief, awarding the full 23,362.26 sq. meters.
A Victory for Housing Societies
The petition was pursued by the society through its Chairman and authorized representative, Adv. Avanish Mane, and was argued before the High Court by Senior Advocate Sugandh Deshmukh.
Reacting to the favorable verdict, Adv. Avanish Mane stated, “This is a significant relief after nearly five years of sustained legal struggle. The judgment reinforces that developers cannot take away the legitimate rights of flat purchasers through subsequent changes. This judgment will serve as an important precedent for housing societies across Maharashtra.”
Why This Judgment Matters
This ruling is expected to have far-reaching implications for housing societies across the state facing delayed or denied conveyance, reductions in land entitlement due to revised layouts, or a lack of transparency in project disclosures. By strictly applying MOFA principles, the Bombay High Court has sent a clear message: developers must honor their original commitments, and statutory authorities cannot arbitrarily dilute conveyance rights.
With this outcome, The c has secured judicial recognition of its rightful claim, marking the culmination of a determined fight and setting a strong precedent in one of Pune’s most notable deemed conveyance disputes.
The post 5-Year Legal Battle Ends: Bombay High Court Grants Full Land Rights to Pune’s The Nook CHS appeared first on Punekar News.
