Bombay HC Protects Deccan Housing Society From BMC Action

The Bombay High Court has granted interim relief to the Deccan Co-operative Housing Society Ltd, located in Bandra (West), Mumbai. On July 9, 2026, Justice Riyaz Chagla restrained the Brihanmumbai Municipal Corporation (BMC) from acting on two notices issued to the society over a disputed property until the next date of hearing.

The society had filed a civil suit seeking a declaration of its right, title, and interest in the property, along with a permanent injunction restraining the BMC from interfering with or disturbing its possession. The BMC had been demanding physical possession of the land reserved for a garden and park on plot bearing CTS No. 1079/A of Village Bandra in H/West Ward, claiming it was meant for public use.

According to the society, it has been in continuous, peaceful, and exclusive possession of the property since 1985 without any obstruction. The society argued that the BMC was aware of its long-standing occupation but still issued notices on May 6 and May 23, 2025, alleging unauthorized occupation and directing it to vacate the land. The notices also threatened coercive measures, including removal of the society's security personnel and initiation of fencing and development work at the site.

The society's counsel, Vikram Nankani, contended that the BMC never initiated legal proceedings to recover possession within the limitation period prescribed under law. The society claimed rights over the property by way of adverse possession, arguing that any attempt to dispossess it now through administrative notices, without approaching a competent court, would be illegal and without jurisdiction.

The court directed the BMC to file its affidavit in reply to the application and permitted the society to file its affidavit in rejoinder within one week thereafter. Considering the society's long-standing possession of the property, Justice Chagla observed that the BMC should not act upon the impugned notices until the next date of hearing.

The BMC had issued the notices claiming that the society was occupying the land unauthorizedly, but the society denied the allegations and requested the BMC not to take coercive action. The society subsequently sent a detailed representation stating that the notice was illegal and did not cite any legal provision permitting dispossession without following due process of law.

The dispute between the BMC and the Deccan Co-operative Housing Society highlights the complexities of property rights and possession in Mumbai. The city's rapid development and increasing demand for public spaces often lead to conflicts between private property owners and the municipal corporation.

The Bombay High Court's decision to grant interim relief to the society is significant, as it recognizes the society's long-standing possession of the property and restrains the BMC from taking coercive action. The court's order will provide temporary relief to the society, allowing it to continue occupying the property until the next date of hearing.

The case is likely to have implications for property owners and the BMC in Mumbai, as it raises questions about the limits of administrative power and the protection of property rights. The court's decision will be closely watched, as it may set a precedent for similar cases in the future.

In conclusion, the Bombay High Court's decision to grant interim relief to the Deccan Co-operative Housing Society is a significant development in the dispute between the society and the BMC. The case highlights the complexities of property rights and possession in Mumbai and raises important questions about the limits of administrative power and the protection of property rights.

The outcome of this case will have significant implications for Mumbai, as it may impact the way the BMC approaches similar disputes in the future. The city's residents and property owners will be watching the case closely, as it may set a precedent for the protection of property rights and the limits of administrative power in Mumbai.