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2026:BHC-A S:37412 CNR No : HCBM010169342026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7981 OF 2026 The Deccan Co-operative Housing Society Limited, 1079 B, Union Park, Khar (West), Mumbai – 400 052. .... Petitioner Vs.

1. The State of Maharashtra, through its Principal Secretary, Revenue Department, Mantralaya, Mumbai – 400 032

2. The Collector, Mumbai Suburban, Administrative Building, 10th Floor, Government Colony, Bandra (East), Mumbai – 400 051 .... Respondents WITH INTERIM APPLICATION NO. 4651 OF 2026 IN WRIT PETITION NO.7981 OF 2026 Jasani Realty Private Limited A Company registered under the Companies Act, 1956 Having its registered address at

23, Morvi House, 28/30, Goa Street, Ballard Estate, Mumbai – 400 038 … Applicant In the matter between :

The Deccan Co-operative Housing Society Limited, 1079 B, Union Park, Khar (West), Mumbai – 400 052. .... Petitioner Vs.

1. The State of Maharashtra, through its Principal Secretary, Revenue Department, Mantralaya, Mumbai – 400 032

2. The Collector, Mumbai Suburban, Administrative Building, 10th Floor, Government Colony, Bandra (East), Mumbai – 400 051 .... Respondents ----

Mr. Pravin Kumar Samdani, Senior Advocate a/w Mr. Bhushan Deshmukh, Ms. Neha Mehta, Mr. Aditya Miskita, Mr. Umair Merchant, Ms. Aayushi Gohil, Ms. Rima Ajmerwalla and Daryl Alemao i/b M.T. Miskita & Co. for Petitioner in WP.

Mr. Mayur Khandeparkar a/w Mr. Amogh Singh, Mr. Devansh Shah, Mr. Santosh Pathak, Mr. Nimish Lotlikar, Ms. Archana Karmakar, Ms. Khushi Jain i/b Law Origin for Applicant in IA No. 4651 of

2026.

Mr. Yuvraj D. Patil, AGP for Respondent Nos. 1 and 2 – State.

CORAM : ARUN R. PEDNEKER, J.

RESERVED ON : 28^th August 2026 PRONOUNCED ON : 10^th September 2026 JUDGMENT :

1. The Interim Application is allowed. Rule. Rule is made returnable forthwith. Heard finally.

2. By the present Writ Petition, the Petitioner challenges the legality, validity and propriety of the Impugned Order dated 17^th March 2026, passed by Respondent No. 2 – Resident Deputy Collector, Mumbai Suburban District (“the Collector”), directing removal of gates installed on the Government land, used as an access by the Petitioner.

3. The Petitioner-Society also challenges the action taken pursuant to the impugned order dated 17^th March 2026 passed by Respondent No. 2 – Collector. Pursuant thereto, Respondent No. 2- Collector and its officers, on 23^rd March 2026, 27^th March 2026 and 1^st April 2026, visited the property which is the subject matter of the present Writ Petition and attempted to demolish the existing gate, which has been in the exclusive and uninterrupted possession and use of the Petitioner-Society for over 45 years. 4. The case of the Petitioner in the Writ Petition is briefly set out hereunder:-

By Order dated 23rd September 1959, land admeasuring 17,780 per sq. mtrs. bearing Plot nos. 15 to 22 and 23.37, out of survey nos. 323 and 289/B, situated at Danda, Bombay Suburban District (“the Larger Land”)

was granted on permanent basis by the Collector, Mumbai in favour of Petitioner, subject to certain terms and conditions stipulated therein. Accordingly, the land vested in the Petitioner. It is further stated that the portion of land, approximately admeasuring 7,075.07 sq. mtrs., was reserved as open space under the sanctioned Development Plan for Greater Mumbai. The BMC, through its officer, i.e. the Deputy City Engineer, Development Plan, addressed a letter dated 6th March 1978 to the Petitioner’s Architect with respect to the proposed temporary access road through the property reserved as open space. As per the said letter, the Petitioner was permitted to access a 30-feet-wide strip of the D.P. road through the Government property.

5. The Petitioner transferred the ownership/title of the open space/ garden to BMC sometime in the year 1978. The construction of 44-feet-wide D.P. road, as contemplated in the letter dated 13th March 1978 addressed by