HC clears widening of road near Mulund railway station

A single judge bench of justice GS Kulkarni on Thursday dismissed an appeal filed by Surendra Subhedar Singh, challenging the January 23 order of the Bombay city civil court rejecting his plea for an order restraining the Brihanmumbai Municipal Corporation (BMC) from demolishing the shops.

Mumbai The Bombay high court has paved the way for the widening of JSD Road outside Mulund railway station. It dismissed a petition filed by a resident who claimed ownership over the civic land and sought a stay on the demolition of the 17 stalls which are blocking the widening of the congested road.

Advocates Dharmesh Vyas and Smita Tondwalkar for BMC, however, pointed out that the land belonged to the civic body and the Mulund resident had absolutely no documentary evidence to show that he or any of his predecessors owned the land and if any permissions were taken for constructing the stalls. They also pointed out that the land is required for the widening of JSD Road and for putting up a drainage system to prevent water-logging during the rainy seasons in the railway station area. (Getty Images)

A single judge bench of justice GS Kulkarni on Thursday dismissed an appeal filed by Surendra Subhedar Singh, challenging the January 23 order of the Bombay city civil court rejecting his plea for an order restraining the Brihanmumbai Municipal Corporation (BMC) from demolishing the shops.

Singh had moved the City Civil Court after the civic body last year issued him notice under section 314 of the Mumbai Municipal Corporation (MMC) Act, 1888 for the removal of the unauthorised structures on civic lands. He claimed ownership of the land, stating that his predecessor, Jamadarsingh Gokulsingh, had constructed the 17 stalls in Mulund West and he has been collecting rent after him.

He had moved the high court after the civil court rejected his plea for a temporary injunction against BMC.

Advocates Dharmesh Vyas and Smita Tondwalkar for BMC, however, pointed out that the land belonged to the civic body and the Mulund resident had absolutely no documentary evidence to show that he or any of his predecessors owned the land and if any permissions were taken for constructing the stalls.

They also pointed out that the land is required for the widening of JSD Road and for putting up a drainage system to prevent water-logging during the rainy seasons in the railway station area.

Justice Kulkarni accepted BMC’s contention and rejected Singh’s plea for an injunction against the civic body. “It appears that Jamadarsingh Gokulsingh at that time had illegally encroached on the land of the MCGM and was exploiting the said land,” said the judge.

The single judge bench upheld the City Civil Court order, observing that the order passed by the trial court was well-reasoned and it had taken into consideration all the relevant documents which were sufficient to consider the rights of the appellant to seek such reliefs to conclude that no rights are shown by the appellant in the land in question.