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Bombay High Court rules open spaces must be conveyed to Rashesh CHS, not just footprint
The Bombay High Court held that conveyance to Rashesh Cooperative Housing Society must include surrounding land and open spaces appurtenant to the property, not merely the building footprint. The decision affects the scope of deemed conveyance for common amenities and recreational grounds.
Why It Matters
This ruling clarifies that planning regulations and appurtenant land must be included in housing society conveyances, potentially expanding communal rights beyond built-up areas.
Timeline
4 Events
May 4, 2026: High Court ruling expands conveyance scope
May 4, 2026
A single-judge bench of the Bombay High Court held that the housing society is entitled to appurtenant areas beyond the building footprint and to proportionate rights in common recreational ground. The judgment awarded Rashesh CHS 2,201.56 sqm of conveyance area and 703.62 sqm of undivided rights in the recreational ground, and directed the DDR to issue a fresh certificate of deemed conveyance within eight weeks.
October 2023: DDR grants deemed conveyance limited to plinth area
October 2023
The District Deputy Registrar, Cooperative Societies, Thane, granted deemed conveyance to Rashesh CHS but limited it to the building's plinth (built-up) area.
June 2018 Government Resolution on conveyance rights
June 2018
A Government Resolution issued in June 2018 states that housing societies are entitled not only to the building but also to open spaces, common facilities, access roads, and proportionate undivided rights in recreational grounds.
Formation of Rashesh Cooperative Housing Society
2015
Rashesh Cooperative Housing Society was formed in 2015.