Status quo ordered by Bombay HC on Campa conveyance issue
Even as it adjourned beyond the summer vacations the hearing of petitions challenging it. The Bombay high court on Wednesday said a status quo would be maintained in respect of registration of unilateral deemed conveyance of land to Campa Cola societies.
The outcome of the 2 cases related to deemed transportation will anyway not have any bearing on the destruction of illegal floors in the buildings.
A December 17, 2013 ex parte order of the deputy registrar of societies granting deemed conveyance of the right, title and interest with regard to the land in favour of Shubh, Ekta, B Y Apartments, Mid Town, Patel and Orchid buildings has been challenged by The Brihanmumbai Municipal Corporation (BMC) and lessee Pure Drinks Pvt Ltd.
While he had the appellate assignment, When BMC’s senior advocate S U Kamdar produced the show-cause notice issued to Pure Drinks for termination of lease, Justice Ranjit More pointed out that he did not have the assignment to hear the matter as it pertained to the original side of the HC. The judge said the matter should come before the appropriate bench after the vacations. Kamdar then urged that the societies be prevented from registering the deemed conveyance.
The judge then directed the parties to maintain a status quo and posted the next hearing for June 16.
He also said ”They should not get it registered. The status quo should be maintained.” The residents’ senior advocate, Prasad Dhakephalkar, said he had written to the BMC that the societies will not take any step on the deemed conveyance.
A petition filed by Mid Town, Orchid and Shubh for direction to the collector of stamps to determine stamp duty payable by them on deemed conveyance was also adjourned beyond the vacations by a division bench of Justices V M Kanade and Anil Menon, earlier in the day. The residents were relying on the outcome of BMC’s challenge to the deemed conveyance before Justice More’s court and urged him to adjourn the case to Thursday.
The advocate said “It will have a bearing on the case,” but the judges were not inclined to hear the matter with only two working days of the court left.
Justice Menon said “There may be no outcome today.” The judges said the residents can apply before the vacation court.
Source: Times of India
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