Bombay High Court

Bombay HC: Authority Oversteps in Mumbai Land Transfer Dispute

Updated
Nov 23, 2025 8:38 PM
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Summary: On 11 November 2025, the Bombay High Court canceled a correction notice that changed the details of a land transfer between two housing societies in Mumbai. The court decided that the Authority in charge went beyond its power by trying to change its previous decision.

Background of the Case

The case is about two co-operative housing societies in Mumbai: Shri Shivam Co-operative Housing Society Ltd. and Vileparle Nilambari Co-operative Housing Society Ltd. They were arguing over the rights to a piece of land in Vile Parle, Mumbai.

Initial Order and Mistake

On 5 July 2022, the Authority in charge gave a certificate for the transfer of land measuring 738.80 square meters. Later, it was found that the approved building plan showed the land should be 823.72 square meters.

"The mistake in the land size was found between the property record and the approved building plan," the court noted.

Request for Correction

Because of this mistake, Vileparle Nilambari Co-op Society asked for a correction to fix the land size. The Authority issued this correction on 6 May 2025, changing the land size to 823.72 square meters.

Court's Decision

The Bombay High Court, led by Justice N.J. Jamadar, decided that the correction was actually a big change, which the Authority wasn't allowed to do. The court stressed that the power to review must be clearly given by law.

"The Authority went beyond its power by issuing a Correction Notice, which was like a big change," Justice Jamadar stated.

Implications and Next Steps

The court canceled the correction and clarified that the Vileparle Nilambari Society could take the matter about the disputed 84.92 square meters to another court. The judgment allows for further legal proceedings without being affected by this decision.

Summary of the Verdict

The court ordered that the original details of the land transfer should be corrected to match the original agreement. This ensures the land size reflects what was initially agreed upon.

Tags:
Property Rights
Land Dispute
Auction Validity