Hiranandani residents press for conveyance during poll time

Mumbai: Around 5,500 families from 84 housing societies in Powai’s upmarket Hiranandani Gardens have raised concerns over the lack of deemed conveyance for their properties. The issue has been brought to the attention of candidates contesting the Maharashtra Legislative Assembly election, as the Mumbai Metropolitan Region Development Authority (MMRDA) has yet to approve the transfer of ownership for the 230 acres of land leased for development.

Conveyance is the legal transfer of land ownership from one party to another. While forming a housing society grants flat owners rights to manage their buildings and flats, it does not cover ownership of the land itself.

Rajgopal Nair, chairman of Golden Oak Society, explained the dilemma, “We’ve been waiting for conveyance for years, but ownership issues have created a deadlock.”

Golden Oak Society’s founder chairman, J A Shah, elaborated, “Our building received its Occupation Certificate in 1993, and the society was formed in 1996. Initially, we sought conveyance from the developer as per the Maharashtra Cooperative Societies Act, but most developers did not comply. When deemed conveyance was introduced by the government, we applied in 2015-16. However, the application was rejected, not due to flaws in our submission but because of objections from the MMRDA.”

Powai Area Development Scheme (PADS)

The issue stems from the Powai Area Development Scheme (PADS), which spans 230 acres and operates under a tripartite agreement between the state government, MMRDA, and developer Niranjan Hiranandani’s company. Amit Sheth, secretary of Norita Society, stated: “The developer claims conveyance can only occur once the entire PADS is developed.”

The Bombay high court was approached in 2013 when Solitaire Society’s application for deemed conveyance was rejected. Eleven years later, the case remains unresolved.

The lease for the 230 acres began in 1986 for an 80-year term, with 38 years now elapsed. Despite the ongoing deadlock, property prices in the area remain unaffected, as buyers are often unaware of the issue and focus instead on the locality’s premium living standards.

Election promises and policy needs

Congress candidate from Chandivali, Arif (Naseem) Khan, has addressed the issue in his manifesto, assuring residents that a policy decision and cabinet approval could resolve the deadlock.

Background of the scheme

In the 1970s, the state government and MMRDA acquired 230 acres of land in Powai from private owners for an affordable housing project. To finance the development, the land was returned to 19 original owners on the condition that 50% of the units would be low-cost housing (430 sq ft), while the remainder could be 861 sq ft. Development rights were then handed over to the Hiranandani Group under a lease agreement in 1986.

Over time, violations of the agreement came to light. In 2009, the MMRDA levied a penalty of ₹1,993 crore on the developer, later reduced to ₹89 crore and further revised to ₹3 crore. Investigations revealed that only 15% of flats met the affordable housing criteria.

Niranjan Hiranandani has denied all violations in the past and declined to comment on the current situation. MMRDA commissioner Sanjay Mukherjee was unavailable for comment.

Way forward

Residents are urging political candidates to take up the issue and ensure that a resolution is reached. A policy intervention is crucial to end the decades-long impasse and grant housing societies their rightful land ownership.