In an important decision on November 26, 2025, Judge Milind N. Jadhav of the Bombay High Court rejected several appeals about illegal buildings near Kandivali Railway Station.
This case involves eight people who challenged the Municipal Corporation of Greater Mumbai (MCGM). They were fighting against the notices to tear down their buildings, claiming they had lived there a long time and had various documents to back up their claims.
The people challenging the decision included individuals like Ganpat Shankar Chougule and Ashok Sambhaji Kasavkar, among others. The Nemi Krishna Cooperative Housing Society got involved in the case, while the MCGM was the main opponent.
The buildings in question are on land owned by the Nemi Krishna Cooperative Housing Society, near Kandivali Station. The challengers argued their buildings were legal based on documents like Census Certificates from 1980 and 2000, and repair permissions from 1982.
The buildings have been part of legal fights going back to 1999. Initially, a group called Saibaba Mitra Mandal, representing 27 buildings, filed cases against MCGM. These cases were dismissed, and the Supreme Court agreed with the decision in 2024.
Judge Jadhav found that the challengers had hidden facts from previous legal battles and did not have any legal right to the land. The court noted:
"The challengers have no legal right to stay on the Society's land, which they did for 26 long years."
The court stressed that just living there for a long time wasn't enough to claim ownership.
The court dismissed all appeals and imposed heavy penalties on the challengers for hiding facts and misusing the legal system. The penalties were to be paid to the Kirtikar Law Library, High Court, Mumbai.
The court decided that the appeals had no merit and confirmed that the buildings were illegal. The challengers were ordered to pay penalties for their actions.
This case points out the ongoing problem of illegal buildings in Mumbai and the role of the courts in dealing with such issues.
