Supreme Court Affirms Bombay HC's Decision On Deemed Conveyance To Housing Society

A Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan declined to interfere with the High Court's March 20, 2025 judgment in Jaydeep Developers v. Competent Authority & Ors., which had rejected the developer's writ petition for gross and unexplained delay in assailing the 2017 conveyance order.

Jaydeep Developers had challenged the Competent Authority's order dated March 21, 2017, which granted deemed conveyance to the society under the Maharashtra Ownership of Flats Act, 1963 (MOFA). The developer relied on an assignment deed executed on March 29, 2018, claiming rights in part of the property. The High Court, however, noted that the deed was executed after the conveyance order and found the writ petition to be inordinately delayed, having been filed only in 2024—seven years later.

Reiterating that the doctrine of laches applies with greater force in property matters, the High Court held that the petitioner had failed to approach the court with due diligence. It also observed that since the alleged rights stemmed from a subsequent transaction, the assignee-developer could not claim privity with the society. The petition was accordingly dismissed.

Aggrieved, the developer approached the Supreme Court. Dismissing the SLP, the Supreme Court clarified that the petitioner would be at liberty to pursue independent civil proceedings if so advised, but found no cause to disturb the High Court's decision affirming the society's conveyance rights.

Counsel: C.U. Singh, Sr. Advocate, Mr. Dhaval Deshpande, Adv. Mr. Arvind Gup , Advocates appeared for the petitioner.

Advocates Ameet Mehta, Rajendra Mishra and Mukesh Gupta represented the respondents.

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