Mumbai Housing Society Secures Victory After Long Fight Over Fire Exit Encroachment

Mumbai: After a 14-year legal battle, New Akash Ganga Cooperative Housing Society on Bhulabhai Desai Road has secured a court order directing a former caretaker of the Bhulabhai and Dhirajlal Desai Memorial Trust to vacate an alleged encroachment constructed at the building’s emergency fire exit staircase within two months.

The society had approached the city civil court in October 2011 against Ram Rajbhai Shreshtha, who had been appointed caretaker of the building by the trust. According to the society, despite notices issued since 2006, Shreshtha failed to vacate the premises. The society claimed that while the trust had allotted some space to Shreshtha for residential use in his capacity as caretaker, he had illegally encroached on the area below the first-floor emergency fire exit staircase and converted it into a room.

It further alleged that he had constructed a kitchen under the staircase and was residing there with his family, obstructing society members from using the common staircase passage. The society said it had repeatedly issued notices seeking the removal of the structure and had also lodged complaints with the BMC since 2006. However, after no action was taken, it moved to court.

Shreshtha claimed he had been residing at the premises with his family since 1980 and argued that no inconvenience had been caused. He also contended that he had acquired ownership rights through adverse possession over more than 12 years. He relied on documents including Aadhaar cards, driving licence, passport, LPG connection receipts and bank passbook carrying the address to support his claim. The court rejected his arguments, holding that such documents did not confer ownership rights over the property.

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