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Bombay high court sets aside order granting deemed conveyance to Campa Cola

Wednesday, 2 July 2014 - 6:35am IST | Agency: dna

The Bombay high court on Tuesday set aside the order of the deputy registrar of societies granting deemed conveyance to Campa Cola societies at Worli and sent the matter back for fresh hearing.

Justice RM Sawant set aside the order of deputy registrar of societies after hearing a petition filed by the BMC challenging the Dec 17, 2013 order granting unilateral deemed conveyance of the land to the societies, contending that though it was the owner of the land it had not been heard.

Prasad Dhakephalkar, advocate for the societies, informed the court on Tuesday that his clients had no objection to the impugned order being set aside and the matter being send for fresh hearing.

He also said they had no objection to making BMC a party to the proceedings before the deputy registrar of societies.

Setting aside the Dec 17, 2013 order, Justice Sawant directed the competent authority, the deputy registrar, to hear and decide the societies' application for deemed conveyance latest by Sept 4, 2014.

The order was passed with respect to Shubh, Esha Ekta, BY Apartments, Mid Town, Patel and Orchid buildings after hearing the petitions by BMC, which has claimed ownership of the land on which these buildings are situated, and a lessee, Pure Drinks.

BMC counsel SU Kamdar contended that the civic body was the owner of the land and that conveyance had been granted not only for the land but also the buildings facing demolition. Counsel for Pure Drinks Ashutosh Kumbhkoni argued that the deputy registrar had not heard his client.

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