Bombay High Court

Bombay HC: Unauthorized Buildings Near Kandivali Station Must Be Demolished

Updated
Dec 20, 2025 10:58 AM
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Quick Summary: Eight people tried to prevent the tearing down of their unauthorized buildings near Kandivali Railway Station, Mumbai. The court turned down their requests, referring to past decisions and their lack of ownership rights.

The Case at a Glance

Eight people, including Ganpat Shankar Chougule, took the Municipal Corporation of Greater Mumbai (MCGM) to court. They wanted to stop the tearing down of their buildings near Kandivali Railway Station. These buildings were on land owned by Nemi Krishna Cooperative Housing Society.

A Long Legal Battle

The buildings have been there since 1998. Originally, 27 unauthorized buildings were put up outside Platform No. 1 of Kandivali Station. Over the years, these buildings were involved in several court cases, with the highest court eventually deciding against them in 2024.

"The buildings were put up without permission or were unauthorized." - Court Ruling

The Arguments

The people who appealed argued that they had been there for a long time and showed documents like census certificates and electricity bills. However, the court found these were not enough to prove they owned the land.

Previous Court Cases

The original buildings were part of a group called Saibaba Mitra Mandal, which filed several lawsuits since 1999. Despite losing, some members continued to argue that their buildings were different from the original 27.

Court's Decision

Judge Milind N. Jadhav turned down the appeals on November 26, 2025. He said the people appealing had no legal right to the land and had hidden facts from earlier cases.

"Such an argument is not open to these 6 Appellants before me." - Judge Milind N. Jadhav

Costs and Consequences

The court fined the people appealing for their actions. Two of them were fined Rs. 25,000 each, and the other six were fined Rs. 50,000 each, to be paid to the Kirtikar Law Library.

Final Remarks

The court stressed the importance of following the law and the need to discourage illegal land occupation. The decision sends a strong message against unauthorized buildings in Mumbai.

The court concluded that the eight individuals had no legal claim to the land, and their attempts to stop the demolition were not supported by the evidence they provided.