Additional plot cannot be acquired due to construction and common use area

Mumbai: After purchasing a house, it is important that the ownership of the premises is transferred to the co-operative housing society formed by the residents. If the developer does not transfer then it can be done under the Maharashtra Flat Ownership Act (MOFA), but what if the buildings are built in different phases and at different times in the larger layout of the plot? One such legal question came before the High Court. The court has made it clear that no more land can be acquired than the area under construction of the building and the area related to general use.

The sub-registrar rejected the application for transfer of land by Marathon Era Cooperative Housing Society in Lower Parel. Therefore, the Society challenged this through a writ petition in 2018.

Apart from this, some other societies had also received applications earlier on such issue. On which Justice Gautam Patel gave this decision and gave Marathon Iran a chance to apply again as per the rules.

Marathon Next Gen Realty Ltd. on spectacular land from a defunct mill. The company made the project. In which 6787.82 square meters. A four-winged Marathon IRA building was built on the land. OC was given in this building in 2010. Meanwhile, the company revised the plan and proposed further development. Subsequently, the Society obtained an Architect's Certificate. Considering the construction carried out as per FSI, it was concluded that rights over 56 per cent of the layout should be acquired and the Society applied for acquisition. The Sub Registrar rejected the application as it involved additional area.

Therefore, apart from the area of ​​the building, can the transfer also be made in respect of additional space? That question was before the court. But while developing in larger layouts FSI is calculated keeping in mind the entire land. Moreover, it develops in different stages and at different times. In such a situation, the area in which the building has been constructed and the area in which the common facility is used may be transferred to the concerned building, the court said in the order, agreeing with the provision of the government's GR of June . 22, 2018.