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2025 Supreme(Bom) 788

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. GADKARI, KAMAL KHATA
Snehdeep Krida Mandal – Appellant
Versus
Maharashtra Housing & Area Development Authority – Respondent


Advocates Appeared:
Mr. Akshay Patil a/w. Adv. Devika Madekar, Adv. Mayur Thorat i/by Adv. Sameer K. Sawant, for the Petitioners. Mr. P. G. Lad a/w. Adv. Sayli Apte, Adv. Shreya Shah for Respondent No.1- MHADA. Mr. Chaitanya Chavan a/w. Adv. Smita Tondwalkar, Adv. Rahul Rathod i/by Adv. Komal Punjabi for Respondent NO.2-BMC. Mr. Viraj Parikh a/w. Adv. Tejas S. Mahamuni i/by Adv. S.G. Mahamuni for Respondent No.3 Mr. Vijaykumar Wagh, Asst. Engineer (B&F) ‘N’ Ward, present.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The court emphasizes the importance of preserving public spaces, particularly open land reserved for public use such as playgrounds, and condemns unauthorized constructions on such reserved land (!) (!) .

  2. The construction of a community hall by Respondent No.3-Trust on land reserved as open space is deemed illegal, especially since there is no verified evidence that the previous structure was authorized or in a dilapidated condition requiring reconstruction (!) (!) .

  3. The authorities involved, including MHADA and BMC, failed in their duty to prevent or stop illegal construction, despite being aware of the violations and receiving multiple communications and notices (!) (!) (!) (!) (!) (!) .

  4. The reservation of land for public use under the applicable development regulations must be upheld, and any modification or unauthorized construction on such land is illegal and warrants demolition (!) (!) .

  5. The court highlights the misuse of legal processes, including the filing of suits in civil courts to obtain injunctions against demolition, in violation of statutory provisions that bar such courts from entertaining such challenges (!) (!) (!) .

  6. There is a significant concern over the failure of BMC officers to act promptly and effectively against illegal constructions, which has led to prolonged unauthorized developments and resource misallocation (!) (!) (!) (!) (!) .

  7. The court underscores the responsibility of legal advocates to disclose all relevant facts and avoid misleading the court, and condemns the conduct of legal representatives who suppress material facts, leading to improper orders (!) (!) (!) .

  8. The court directs the demolition of the illegal structure on the reserved land within one week and mandates that the land be retained as open space in accordance with the reservation (!) .

  9. The court orders accountability and disciplinary action against officers responsible for permitting illegal construction and for misrepresenting facts to the court (!) (!) .

  10. The judgment mandates that authorities undertake proper inquiries into the approvals and sanctions granted for the construction, especially regarding the misuse of public funds, and report on the compliance within specified timelines (!) (!) .

  11. The court emphasizes the importance of adhering to statutory procedures and the legal bar on civil courts entertaining suits challenging demolition notices, reinforcing the need for authorities to pursue remedies through prescribed statutory channels (!) (!) .

  12. The order includes measures to prevent further illegal constructions, ensure proper enforcement, and hold responsible officials accountable for their actions or inactions (!) (!) .

  13. The judgment concludes with the disposal of the pending suit filed by Respondent No.3-Trust, and directs the relevant court authorities to update the disposal records accordingly (!) (!) .

These points collectively highlight the court’s stance on illegal constructions on public land, the importance of adherence to urban planning regulations, and the need for accountability from municipal and planning authorities.


JUDGMENT :

Kamal Khata, J.

1) This Petition under Article 226 of the Constitution of India is filed to challenge the arbitrary, capricious and patently illegal actions and omissions of Maharashtra Housing and Area Development Authority (MHADA)-Respondent No. 1 and Respondent No.2-BMC, regarding plot of land admeasuring 585 sq.mtrs. that is a part of Cadastral Survey No.68A in Survey No.24, Hissa No.4(p) and 6(p) of Village Kirol, Ghatkopar (West), Mumbai 400084 (writ plot) permitting construction of a purported community hall on the large chunk of land, that was reserved as open space for playground (ROS 1.4) under Development Control and Promotion Regulation, 2034 (“DCPR”). The Petitioners are aggrieved as the authorities are depriving the residents of open space in the crowded area of Ghatkopar, Mumbai despite the reservation as open space for playground on the writ plot.

2) Heard Mr. Akshay Patil, learned Advocate for the Petitioner; Mr. P.G. Lad, learned Advocate for Respondent No.1-MHADA; Mr. Chaitanya Chavan, learned Advocate for Respondent No.2-BMC and Mr. Viraj Parikh, learned Advocate for Respondent No.3. Perusal entire record and the Affidavits in replies filed by the Respon

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