Bombay High Court

Bombay HC: Illegal Kandivali Buildings Must Be Demolished, Ends 26-Year Legal Battle

Updated
Dec 19, 2025 7:08 PM
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Summary: On November 26, 2025, the Bombay High Court, led by Judge Milind N. Jadhav, turned down requests from eight people trying to stop the tearing down of illegal buildings in Kandivali, Mumbai. The decision wraps up a long legal fight over illegal buildings on land owned by the Nemi Krishna Cooperative Housing Society.

The Case Background

In 1999, a group called Saibaba Mitra Mandal, representing 27 illegal buildings, started a legal fight against the Municipal Corporation of Greater Mumbai (MCGM). They wanted to stop their buildings from being torn down near Kandivali Railway Station. Even though they got temporary protections over the years, the Supreme Court eventually turned down their appeal in 2024.

The Recent Appeals

Eight people, including Milan Ashok Kasavkar and others, filed separate cases in 2024, claiming they owned the buildings and wanted to stop them from being torn down. They argued their buildings were legal based on documents like census certificates and repair permissions.

"The land belongs to the Society, and the people have no right to be there," stated Judge Jadhav.

Court's Findings

Judge Jadhav found that the people hid past legal cases and couldn't prove they owned the buildings. The buildings were considered illegal because they had been rebuilt many times after being torn down before.

The Judgment

The court agreed with the City Civil Court's decision to dismiss the cases, noting the people had no legal rights. Judge Jadhav made the people pay extra costs for hiding facts and misusing the legal system.

Costs Imposed

  • People represented by Mr. Naphade: Rs. 25,000 each
  • People represented by Mr. Thorat: Rs. 50,000 each

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

Summary of the Verdict

The court's decision strongly warns against illegal takeovers of land in Mumbai. It stresses the importance of following legal rules and respecting property rights. This judgment marks the end of a long legal fight, supporting the rule of law in city management.