Bombay High Court on Unauthorized Structures / Injunctions: Appeals Dismissed.

Headnote

The Bombay High Court dismissed all appeals and interim applications filed by the appellants challenging demolition notices issued by the Municipal Corporation of Greater Mumbai (MCGM) against unauthorized structures on land belonging to Nemi Krishna Co-operative Housing Society. The Court found that the appellants had no right, title, or interest in the structures, and prior litigation had already adjudicated the status of these structures. Attempts to suppress previous litigation and claim long-standing possession were rejected. Exemplary costs were imposed on the appellants.

Background

1. Eight appellants filed separate suits and injunction applications between 1998 and 2024 challenging demolition notices for structures near Kandivali Railway Station.
2. The appellants claimed long-standing possession and sought relief from demolition, arguing their rights over the land and structures.
3. Previous judgments had already addressed ownership and possession disputes concerning the same structures, ruling against the appellants.
4. The Municipal Corporation of Greater Mumbai issued demolition notices citing unauthorized constructions and violations of building regulations.

Court’s Observations

1. Ownership or possession rights cannot be claimed without valid title; long-standing occupation alone is insufficient.
2. Non-disclosure of prior litigation (suppressio veri) invalidates claims for relief and demonstrates an abuse of judicial process.
3. Unauthorized structures cannot be regularized merely by passage of time.
4. Repeated litigation on the same facts without new grounds is impermissible.
5. Exemplary costs were imposed to discourage continued frivolous litigation.

Judgment / Orders

1. All appeals and interim applications dismissed.
2. Appellants have no right, title, or interest in the disputed structures.
3. Prior adjudications and MCGM demolition orders upheld.
4. Exemplary costs imposed on appellants for suppressing prior litigation and misusing the judicial process.

Legal Provisions Discussed

1. Article 226, Constitution of India – High Court’s writ jurisdiction.
2. Relevant provisions under the Maharashtra Municipal Corporation Act – Authority to remove unauthorized structures.
3. Principles of suppressio veri (suppression of material facts) and abuse of process of law.

Citation: AO.226.2025

Case: Ganpat Shankar Chougule & Ors. v. Municipal Corporation of Greater Mumbai & Ors.

Court: High Court of Bombay

Coram: Justice Milind N. Jadhav

Date of Decision: 26 November 2025

Appeal / Writ No.: AO.226.2025