Pune: Bombay High Court Issues Non-Bailable Warrants Against Hinjawadi Developer In 11-Year Housing Dispute

Pune, April 16, 2026: In a major development, the Bombay High Court has issued non-bailable warrants against three partners of Bhagyalaxmi Properties for failing to comply with court-approved consent terms, including execution of a conveyance deed in favour of a housing society and completion of promised amenities.

The warrants were issued against partners Ishwarchand K Goyal, Vijaylaxmi V Agarwal, and Mohamedali Aslam Haiji after they failed to appear before the court on April 15, 2026.

A Decade-Long Legal Battle
The case stems from a prolonged dispute involving residents of Aspiria B & C Co-Operative Housing Society in Hinjawadi, Pune. Most flats in the project were sold in early 2012, but the developer initiated discussions for forming a housing society only in 2016.

According to residents, the developer insisted that flat owners consent to alterations in the sanctioned building plan as a precondition for forming the society. Despite submitting documents in good faith, residents alleged that no concrete steps were taken toward forming a co-operative housing society.

Shock Over Unilateral Actions
In 2017, residents were shocked to learn that instead of forming a co-operative housing society, the developer had unilaterally executed a Deed of Declaration and registered a Deed of Apartment. Residents claimed they were misled, alleging that consent for plan alterations was extracted under the pretext of forming a society.

Failed Attempts to Form Society
Flat owners later applied for unilateral formation of a co-operative housing society with the District Deputy Registrar. However, the developer opposed the move, citing the already registered Deed of Declaration and apartment structure. The application was rejected on these grounds, halting the process.

In parallel, residents initiated legal proceedings in 2018 to challenge alterations to the sanctioned plan.

Matter Reaches High Court
The residents challenged the rejection order before the Bombay High Court. Eventually, both parties agreed to consent terms recorded by the court. The developer agreed to facilitate formation of the housing society and execute the conveyance deed, while residents agreed to withdraw legal cases and consent to revised plans.

Non-Compliance and Continued Struggle
Despite residents fulfilling their commitments and withdrawing cases, the developer allegedly failed to honour key obligations, including execution of the conveyance deed and completion of amenities. Since 2019, residents have pursued repeated follow-ups without response.

Although the housing society was eventually formed, the developer did not cancel the Deed of Declaration or apartment deeds, complicating ownership issues. A subsequent application by the society for unilateral deemed conveyance was also rejected by authorities after opposition from the developer.

Contempt Proceedings and Court Action
Seeking relief, the society approached the High Court through advocate Satya Muley, invoking its contempt jurisdiction over non-compliance of earlier court orders.

The bench led by Justice Amit Borker took a strict view, warning all seven partners of the developer firm that failure to comply with conveyance-related commitments would amount to contempt of court.

After three partners failed to appear for the April 15 hearing, the court issued non-bailable warrants against them and reiterated its strong stance, rejecting the developer’s argument that an existing Deed of Declaration prevented execution of conveyance.

Residents React
Residents welcomed the court’s action, calling it a significant step toward justice after an 11-year struggle.

Ashwin Koli, Chairman of Aspiria CHS, said the order reinforces faith in the judiciary, noting that the developer had failed to deliver promised amenities and ignored earlier court directions. He expressed gratitude to advocate Satya Muley for his efforts.

Resident Shivraj Kalshitte added that the decision offers hope for a final resolution, stating that homebuyers who have invested their life savings deserve justice.

Legal Perspective
Advocate Satya Muley emphasized that developers must not take legal obligations lightly. He stated that conveyance or deemed conveyance is a statutory right of housing societies, and formation of a co-operative housing society is a fundamental right under the Constitution of India.

He also noted that lack of unity among flat owners often weakens such cases and urged housing societies to proactively pursue legal remedies to secure ownership rights over land and buildings.

The case is being seen as a significant precedent in reinforcing homebuyers’ rights and holding developers accountable for non-compliance with legal commitments.