Bombay High Court Takes Strong Stand Against Illegal Occupants
In a significant ruling that reinforces property rights in Mumbai, the Bombay High Court has firmly dismissed appeals filed by occupants of eight illegal structures located on housing society land adjacent to Kandivli West railway station. The court delivered a powerful message against what it described as 'illegal hawkers and land grabbers' who exploit high-footfall areas near railway stations.
Justice Jadhav's Strong Observations
Justice Milind Jadhav, while upholding the city civil court's refusal to stay the demolition of these structures, did not mince words in his Wednesday judgment. "These appellants before me are nothing but illegal hawkers and land grabbers which grab any vacant spaces outside railway stations," Justice Jadhav stated emphatically.
The judge expressed serious concern about how this problem has spread throughout Mumbai, comparing it to a disease affecting all suburban railway stations. His observations highlighted the growing menace of unauthorized occupation in prime locations across the city.
Two-Decade Legal Battle Comes to Conclusion
The legal dispute over these structures has a long history dating back to 1999 when a lawsuit was initially filed against 27 occupants involving the Brihanmumbai Municipal Corporation (BMC). After years of litigation, the matter reached the Supreme Court, where the occupants ultimately lost their case in September 2024.
Following this Supreme Court decision, occupants of eight specific structures—including six that had changed hands over the years—filed fresh suits before the city civil court, claiming ownership rights. They managed to obtain interim protection from demolition during these proceedings, which has now been overturned by the High Court's latest ruling.
Legal Arguments and Court's Findings
During the hearings, advocates representing the housing society, Karl Tamboly and Mehul Rathod, argued that the eight appellants had completely suppressed information about previous legal proceedings involving the same structures. The legal representation for the occupants was divided, with advocate Aseem Naphade admitting that his clients' structures were part of the earlier litigation, while advocate P J Thorat argued that the other six structures were not involved.
Both lawyers for the occupants emphasized that the BMC must follow due process of law before any eviction. They relied on their clients' long-standing possession, census documents, and BMC repair permissions to support their claims. However, Justice Jadhav categorically rejected these arguments, stating that these documents "do not prove they are owners of the suit premises."
Court's Final Verdict and Costs Imposed
Justice Jadhav noted that all eight structures involved in the current appeal had been given substantial opportunities to prove their case in previous litigation and had "enjoyed the hospitality of interim injunction" for many years. The judge emphasized that the time had come to send a strong message that the rule of law prevails in the country.
In his concluding remarks, Justice Jadhav directed the appellants to pay exemplary costs totaling Rs 3.5 lakh to the Kirtikar Law Library at the High Court. The judge refused to stay the judgment, clearing the way for potential demolition actions. The structures are located on Nemi Krishna CHS's land outside platform number 1 of Kandivli West railway station, and the court determined that the appellants had no legal right to occupy this land from 1999 to 2025.
