Bombay High Court

Bombay HC: Illegal Buildings Near Kandivali Station Ordered Demolished

Updated
Nov 27, 2025 12:42 PM
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Quick Summary: The Bombay High Court rejected appeals by eight people against the Municipal Corporation of Greater Mumbai (MCGM) about illegal buildings near Kandivali Railway Station. The court decided these buildings were not allowed and fined the people who appealed.

Background of the Case

This case involves eight people, including Laxmi Laxman Bhagne, who opposed the MCGM's decision to tear down their illegal buildings. These buildings are on land that belongs to the Nemi Krishna Cooperative Housing Society, close to Kandivali Railway Station.

The Long Legal Battle

The legal battle started back in 1999. The appellants were part of a group called Saibaba Mitra Mandal, which had previously tried to stop the demolition. Even after losing in the Supreme Court in 2024, the appellants filed new cases in October 2024, hiding past court decisions.

"The existence of these structures is nothing but a sheer abuse of the due process of law," stated Justice Milind N. Jadhav.

The Court’s Findings

  • Unauthorized Buildings: The court confirmed that the buildings were illegal and built without permission.

  • Hiding Information: The people who appealed were found guilty of hiding previous court case details, misleading the court.

  • No Legal Rights: Justice Milind N. Jadhav stressed that the appellants had no legal right to be on the land, which belongs to the Nemi Krishna Cooperative Housing Society.

Fines Imposed

The court fined the appellants for their actions:

  • Two appellants represented by Mr. Naphade were fined ₹25,000 each.
  • Six appellants represented by Mr. Thorat were fined ₹50,000 each.

These fines are to be paid to the Kirtikar Law Library, High Court, Mumbai.

Summary of the Verdict

The court rejected all appeals, supporting the MCGM's right to tear down the illegal buildings. This judgment clearly shows that occupying land illegally and misusing court processes will not be tolerated.

Tags:
Zoning Regulations
Eviction
Property Rights