Bombay HC to frame rules for bldgs using additional FSI

Mumbai: The Bombay high court is hearing a bunch of writ petitions regarding deemed conveyance, which is having the title of the land transferred in the name of society.

The petitioners have raised the issue of whether deemed conveyance can be given to individual units in a layout development project (multiple building units on one piece of land) wherein extra FSI is used in an individual unit.

In the light of the laws pertaining to real estate and redevelopment being unclear about certain aspects of deemed conveyance, the court questioned as to what would happen when an individual unit in a layout project that had utilised additional FSI claimed benefit when going for redevelopment individually. The court is expected to frame guidelines for the deputy registrar, which will streamline the process of issuing deeming conveyance in such cases.

A bench of justice Gautam Patel was hearing a bunch of petitions filed by various housing societies seeking directions to the competent authorities to issue deemed conveyance in projects wherein the permitted FSI was over utilised or under utilised.

The petitioners also sought clarification on whether individual flat owners had any rights with regards to deemed conveyance, which was issued in the name of the society.

The bench said that there was no clarity in this regard and hence it would be framing guidelines and posted the matter for further arguments on June 14.