Bombay high court rejects shop owner’s plea challenging BMC demolition notice

However, it granted petitioners an eight-week interim relief to approach the Supreme Court.

The Bombay high court has paved the way for decongesting the western side of the Vikhroli railway station, of a shopping centre and some smaller shops along the same line.

HC rejected a shop owner’s claim that the land had been granted to him by the railways department. (Representational photo)

Last week, a division bench of Justices Abhay Oka and Riyaz Chagla rejected a petition filed by Raju Joganpalli and others, challenging the demolition notice issued by the Brihanmumbai Municipal Corporation (BMC) to the shopping centre, Vinayak Arcade, and 45 other shops lining the area outside platform number one of Vikhroli railway station.

Joganpalli, who owns the shopping centre, had approached the high court claiming he was the legal owner of his shopping arcade and had sought direction for non-interference from the civic body with the 594-square-metre property.

He claimed that more than 50 years ago, when the railways department started acquiring land outside Vikroli station, they had awarded him his property on March 31, 1967 for exclusive possession, use and occupation.

To further his case, Joganpalli showed proof of permission granted to him by the BMC to repair Vinayak Arcade in January 2008.

The high court, however, refused to accept his claims, citing a 2012 case where he could not prove his shopping centre existed before 1967 — the same year the area was officially reserved for the railways. The high court said its judgment in favour of the railways was upheld by the Supreme Court and had, thus, attained finality.

The HC has therefore held that the demolition notice issued by the BMC – calling upon the petitioner to remove the shopping centre within fifteen days of receiving it – was legal and did not warrant any interference.

However, on the petitioners’ request, the bench has continued the interim relief granted earlier for eight weeks, so as to enable them to approach the Supreme Court.