Bombay HC: Appeals Denied for Hiding Details in Kandivali Unauthorized Buildings Case

Summary: On November 26, 2025, the Bombay High Court turned down appeals from eight people who were trying to stop the tearing down of unauthorized buildings near Kandivali Railway Station. These buildings were considered illegal, and the court fined the individuals for hiding details of previous court cases.

Background of the Case

The case involved eight people, including Ashok Sambhaji Kasavkar, against the Municipal Corporation of Greater Mumbai (MCGM). The buildings in question were on land owned by the Nemi Krishna Cooperative Housing Society, near Kandivali Railway Station. These buildings had been the subject of legal fights since 1998.

Overview of Court Proceedings

• Initial Lawsuits: The individuals filed lawsuits in 2024 to try to stop the demolition of their buildings. They claimed they owned the buildings based on documents like census certificates from 1980 and 2000, repair permissions from 1982, and electricity bills.

• Rejection of Appeals: Judge Milind N. Jadhav turned down the appeals because the individuals hid details of earlier court cases. The court noted that these buildings had been part of previous legal cases from 1999 to 2024, involving the Saibaba Mitra Mandal group.

Key Arguments and Court Findings

• Ownership Claims: The individuals argued they had rights to the buildings because they had been there for a long time. However, the court found no legal proof or approved plans for their buildings, which were considered unauthorized.

• Previous Court Cases: The court pointed out that the individuals failed to mention past court actions where similar claims were dismissed. The buildings were previously considered illegal by the Supreme Court in 2024.

• Heavy Fines: Because the individuals hid facts and made false claims, the court imposed fines. Two individuals were fined Rs. 25,000 each, and the other six were fined Rs. 50,000 each, payable to the Kirtikar Law Library.

Summary of the Verdict

The court stressed the importance of following the law and denied any further temporary relief. The decision serves as a warning against illegal building and misuse of court processes.

This case highlights the importance of being honest in legal matters and the consequences of using land without permission in cities like Mumbai.