In a significant move to decongest a crucial link in Mumbai's western suburbs, the Bombay High Court has ordered three housing societies in Andheri (East) to immediately dismantle structures illegally obstructing a development plan (DP) road. The court gave the societies a one-week ultimatum to comply.
Court's Directive and Rationale
Justice Milind Jadhav, presiding over the case on Monday, quashed a lower court's order that had previously protected the structures. He directed Kalpita Enclave Cooperative Housing Society and two other societies to remove their main entrance gate, security cabin, and a tin sheets fence that block the road connecting Sahar Road and Sai Mandir Road.
The judge emphasized that opening this DP road is essential to "ameliorate and redress congestion and legitimate grievances" of local residents. He highlighted that the road would benefit people not just by reducing distance but also by saving time in reaching destinations, railway stations, bus stops, and other civic amenities.
Background of the Legal Dispute
The legal tussle revolves around a road that passes through the layout of these societies. The land for this road was originally surrendered to the Brihanmumbai Municipal Corporation (BMC) by the erstwhile developer back in 1984. However, the societies later enclosed the area for their private use.
After the BMC issued a notice to take possession in August 2023, the societies filed a suit. The High Court, in October 2023, had allowed them to temporarily retain the structures until an adjacent road was constructed. This interim relief has now been revoked.
Key Arguments and Final Judgment
Justice Jadhav agreed with the BMC's advocate, Drupad Patil, who argued that the court's earlier order did not specifically mandate the construction of a full 13.40-meter-wide road before possession could be taken. The judge rejected the societies' plea, presented by their advocate Rohan Savant, that they could not hand over possession until the entire road was built to that width.
The court noted that the road already vests with the BMC and the societies had "illegally enclosed the said area for their personal use." It observed that the societies had initiated multiple legal proceedings and were now imposing a new condition for removing the obstacles.
While directing the BMC to endeavor to eventually construct the road to its full planned width of 13.40 meters, the judge stated that the currently developed 10.4-meter-wide stretch can and should be opened to the public immediately. He refused to stay his own order.
As a cost for the litigation, Justice Jadhav imposed a fine of ₹25,000 each on the societies, to be paid to two High Court libraries. He also warned that if the societies fail to remove the structures within a week, the BMC is authorized to do so with police assistance.
