High Court Relief For Housing Societies: Only Members Have Rights Over Vacant Land, Not Builders
High Court Relief For Housing Societies: Only Members Have Rights Over Vacant Land, Not Builders
Landmark ruling says open spaces, parking and amenities are part of society ownership
In a major relief for housing societies and homebuyers, the High Court has ruled that members of a housing society have rights not just over the building but also over vacant land, open spaces, parking areas and recreational grounds within the layout.
The court clarified that deemed conveyance is not limited to the structure of the building. It includes all essential components required for its use, such as parking spaces, internal roads, and open or recreational areas. This decision strengthens the rights of flat owners and societies across the state.
The case was brought before the court by a cooperative housing society in Bhayander, which had challenged an earlier decision by the District Deputy Registrar. The registrar had granted conveyance only for the land under the building while denying rights over the remaining vacant land and amenities.
A single bench of Justice Amit Borkar, in a detailed judgment, overturned this decision and emphasised that the objective of the Maharashtra Ownership of Flats Act (MOFA) is to protect the interests of homebuyers. The court observed that builders cannot transfer only the constructed portion while retaining control over valuable open land.
It further stated that facilities like parking areas, access roads for emergency services, and open grounds are integral to the building and must be treated as part of the conveyance. The court also clarified that all societies within a larger layout will have proportionate rights over common open spaces and recreational grounds.
The earlier order passed by the District Deputy Registrar was set aside, and the authorities have been directed to issue a revised deemed conveyance certificate to the society within eight weeks.
This ruling is expected to have a wider impact beyond the concerned case. It addresses a long-standing issue where builders retained control over open spaces to gain additional commercial benefits. With this judgment, such practices are likely to face stricter legal scrutiny.
For thousands of housing societies, especially in rapidly urbanising areas, the decision offers clarity and strengthens their legal position. It ensures that buyers receive full rights over the entire layout, not just the building they live in.
Disclaimer: This article is for informational purposes and does not constitute legal advice.
