2 hrs ago
Bombay High Court Upholds Removal of Khar Society Gate
A housing society in Khar had placed a gate on a road crossing government land.
The society said it had used and maintained the route for many years.
It also argued that the gate was part of its settled possession.
The Bombay High Court found that the land belonged to the government, not the society.
The route had originally been allowed temporarily because the society’s plot was landlocked.
That temporary arrangement was supposed to end after a planned road was built.
The road has now been constructed and is being used by the society.
The court said the society may continue using the access, but it cannot keep the route only for itself.
The gate must be removed so others can also pass.
The Bombay High Court upheld removal of a gate installed by Deccan Co-operative Housing Society on government land in Khar.
Justice Arun R. Pednekar said the access route must remain open to the society and other people.
The court found the land was not part of the property allotted to the society in 1959.
The society had received temporary access because its plot was landlocked and the planned DP road was not yet built.
The court said the society could use the route but could not claim exclusive possession or install a gate there.
- Who
- The Bombay High Court, Justice Arun R. Pedneker, and Deccan Co-operative Housing Society.
- What
- The court upheld an order requiring removal of the society’s gate from an access road on government land.
- Where
- Khar, Mumbai, Maharashtra.
- When
- September 11, 2026.
- Why
- The court found that the land was government-owned, the access was temporary, and the society had no right to make the route exclusive.
Housing Society’s Position
Court and State’s Position
Right to retain the gate
Housing Society’s Position
The society said it had used and maintained the access for several decades and that the gate was part of its settled possession.
Court and State’s Position
The court said the society had only a right of access, not exclusive possession of the government land, and therefore could not install a gate.
Land and notice
Housing Society’s Position
The society argued that the access formed part of land allotted to it and that the Collector should not remove the gate without notice or an opportunity to be heard.
Court and State’s Position
The court found that the access strip was not included in the land allotted in 1959 and upheld the Collector’s removal order, while stating that the State must follow due process before restricting the society’s access.
Key facts
- Court
- Bombay High Court
- Judge
- Justice Arun R. Pedneker
- Society
- Deccan Co-operative Housing Society
- Land ownership
- The strip containing the gate was found to belong to the government.
- Original permission
- Temporary access was granted because the society’s plot was landlocked and the planned DP road had not been constructed.
- Current ruling
- The gate must be removed, while access must remain available to the society and others.
- Government limitation
- The State cannot stop the society from using the access without due process and proper notice.
Quotes
Justice Arun R. Pedneker
Bombay High Court judge hearing the housing society’s challenge
“The access shall remain open to the Petitioner as well as to others”
freepressjournal.in
“The Petitioner has no right to put up a gate on an access road”
freepressjournal.in
Sources
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