Nemi Krishna Cooperative Housing Society v. the Municipalcorporation for Greater Mumbai through Its Legal Department
Case brief
What is this about?
Nemi Krishna Co-op. Hsg. Society v. Municipal Corporation for Greater Mumbai (BMC), Bombay HC Writ Petition No. 2424 of 2025, order dated 04-09-2025, coram G. S. Kulkarni & Manjusha Deshpande JJ.: enforcement against illegal/unauthorized structures encroaching on land forming part of the road to Kandivali (West) Railway Station; 19 of 27 structures demolished pursuant to co-ordinate Bench order dated 20-01-2025; reconstruction/resurrection of demolished structures; directions to BMC to remove illegal construction, prevent re-erection and encroachment; breach-of-orders warning to Ward Officer and officials; affidavit of action directed; suits by eight structure-holders before City Civil Court, Mumbai; First Appeal No.553 of 2018 (judgment 05-08-2024); Special Leave to Appeal (C) No(s). 22201/2024 (SC order 30-09-2024, non-interference); adjourned to 18 September 2025.
What did the court decide?
Interim enforcement directions: Municipal Corporation to remove the illegal construction and prevent re-erection of such structures, take further steps to safeguard the land and prevent encroachment and installation of illegal structures; action against all illegal and unauthorized structures barring those protected by orders of the Courts, with an affidavit of action to be placed on record on or before the adjourned date; warning that toleration of such activities by the concerned Ward Officer will be treated as breach of the Court's orders; matter stood over to 18 September 2025.