‘Not MHADA, Juhu societies owner of common plots’
HC order comes after long-drawn legal battle of eight years
In a relief to 14 housing societies of Juhu Vile Parle Development (JVPD) Scheme after eight years of legal battle, the Bombay High Court has ruled that the common plots belong to the societies and not to the Maharashtra Housing and Area Development Authority (MHADA). The court specified that the housing authority has no right, title, or ownership over these plots.
In a detailed 77-page judgment, the HC noted that the individual conveyance deeds of the 14 JVPD housing societies stated that the Scheme, which was built 60 years ago, was meant for allotment to cooperative housing societies. The land was demarcated for building plots, roads, general amenities and public utilities – all to be owned in common by the 14 societies. They had also paid Rs60 lakh proportionately for their share of the land. The dispute arose when societies issued a purchase order for the transfer of common plots to the civic body. However, the BMC cited the
It is declared that the common plots mentioned in the conveyance (utilities and amenities) are transferred absolutely to the co-owner
phrase “tenants in common” in the conveyance deed. The civic body claimed that the contract was executed by the erstwhile Bombay housing board which is now substituted by MHADA. Hence, the societies' claim is not tenable and the housing authority is the actual owner, it added.
Setting aside the BMC’s contention, the HC said, “On true and correct construction of the registered common plot conveyance.., it is declared that the common plots mentioned in the conveyance (utilities and amenities) are conveyed and transferred absolutely to the co-owner societies.”