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BUILDERS HAVE RUN OUT OF EXCUSES ON CONVEYANCE
On 17 July 2026, the Bombay High Court dismissed a petition by Ariisto Realtors Pvt Ltd, which had challenged a deemed conveyance granted to a Vile Parle housing society. Justice Sandeep Marne's reasoning deserves wider attention than a single case usually gets: the developer had already exploited the development potential in the land it sold, then tried to withhold conveyance to keep a claim on additional FSI that only became available years later under DCPR 2034. The Court's words were pointed: “a promoter cannot indefinitely delay conveyance of land on the pretext of exploiting the further additional FSI arising out of the new FSI regime” — and, on the developer's conduct specifically, that its “greed to make more profits is however not satisfied.” This is not a new principle so much as a court running out of patience with an old evasion. Once a society is formed, the promoter has a statutory four-month window to execute conveyance. Builders have long treated that deadline as aspirational, banking on the fact that few societies have the resources or will to litigate. What the Ariisto ruling does is remove the ambiguity: future FSI, whenever it arrives, belongs to the society, not to whoever manages to sit on the title longest. This judicial impatience with evasion is now being echoed by local administrative orders. Read alongside Thane's tenant-verification order of 19 June 2026 — which puts the compliance burden squarely on landlords, agents and society management committees, not tenants — a pattern emerges. Administrations and courts across the MMR are converging on the same instinct: stop asking citizens to prove their innocence, and start making the party with the informational and financial advantage carry the compliance weight. For conveyance, that party is the builder. For tenant records, it is the landlord. HPTimes has argued in this column before that Maharashtra's housing law suffers less from a gap in rules than from a gap in enforcement appetite. Two rulings in two months, from two different arms of the state, is not proof that the gap has closed. It is, at least, evidence that someone is trying.
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