Bombay HC Upholds Gate Removal On Govt Land In Khar

The Bombay High Court has upheld the Maharashtra government's decision to remove a gate installed by the Deccan Co-operative Housing Society on a road passing through government land in Khar.

The court ruled that the society could not convert a public access route into an exclusive passage. Justice Arun R. Pedneker stated that the access had to remain available to the society as well as other persons.

The Deccan Co-operative Housing Society had challenged an order passed by the Mumbai Suburban Collector directing removal of the gate. The society claimed that it had been using and maintaining the access for several decades and that the gate was part of its settled possession.

However, the court found that the strip of land on which the gate stood belonged to the government and was not part of the land allotted to the society in 1959. The society had initially been given temporary access through the government land because its plot was landlocked and the proposed 44-feet-wide Development Plan (DP) road had not been constructed.

The permission specifically required the society to discontinue the temporary access once the DP road was completed. The road has since been constructed and is being used by the society.

The court said the society had only been granted a right of access and not exclusive possession of the government land. The court also rejected the society's argument that an interim protection granted in a separate civil suit prevented removal of the gate.

While upholding the gate's removal, Justice Pedneker cautioned that the State could not grant exclusive use of the access to another party. The access shall remain open to the petitioner as well as to others, the court directed.

This ruling is significant as it clarifies the rights of housing societies regarding access to government land. The court's decision ensures that public access routes are not converted into exclusive passages, promoting fairness and equality.

The case highlights the importance of due process and proper notice in such matters. The court emphasized that the State cannot stop the society from using the access without following due process and issuing proper notice.

In conclusion, the Bombay High Court's decision upholds the principle of public access and ensures that government land is not used for exclusive purposes. The ruling provides clarity on the rights of housing societies and promotes fairness and equality in the use of public access routes.

The decision will have implications for housing societies in Mumbai and surrounding regions, emphasizing the need for transparency and due process in matters related to government land and public access.

As the city continues to grow and develop, the court's ruling will play a crucial role in shaping the relationship between housing societies and government land, ensuring that public access routes remain open and accessible to all.