Mumbai, July 9, 2026: The Bombay High Court has granted interim relief to The Deccan Co-operative Housing Society Ltd, Bandra (West), by restraining the Brihanmumbai Municipal Corporation (BMC) from acting on two notices issued to the society over a disputed property until the next date of hearing.
Justice Riyaz Chagla, while hearing the society's interim application, directed the BMC to file its affidavit in reply to the application. The court also permitted the society to file its affidavit in rejoinder within one week thereafter.
“Considering that the Plaintiff has been in possession of the suit property for several years, till the next date, the Defendants shall not act upon the impugned notices dated May 6, 2025, and May 23, 2025,” Justice Chagla observed while granting interim protection.
Society Challenges BMC Notices
The society has filed a civil suit seeking a declaration of its right, title and interest in the property, along with a permanent injunction restraining the BMC from interfering with or disturbing its possession.
The BMC has been demanding physical possession of the land reserved for a garden and park on plot bearing CTS No. 1079/A of Village Bandra in H/West Ward. The BMC said the garden was meant for public use.
According to the plaint, the society has claimed that it has been in continuous, peaceful, settled and exclusive possession of the property since 1985 without any obstruction.
It has argued that the civic body was aware of its long-standing occupation but still issued notices on May 6 and May 23 this year alleging unauthorised occupation and directing it to vacate the land.
The notices also threatened coercive measures, including removal of the society's security personnel, dismantling of gates, and initiation of fencing and development work at the site.
Following the first notice, the society, through its advocates, denied the allegations and requested the BMC not to take coercive action. It subsequently sent a detailed representation on May 13, stating that the notice was illegal and did not cite any legal provision permitting dispossession without following due process of law.
The society alleged that instead of responding to its representation, the BMC issued another notice on May 23 repeating its earlier allegations. The second notice was received on June 2.
Adverse Possession Claim Raised
The society's counsel, Vikram Nankani, further contended that the BMC never initiated legal proceedings to recover possession within the limitation period prescribed under law.
It argued that any attempt to dispossess it now through administrative notices, without approaching a competent court, would be illegal and without jurisdiction. It has also claimed rights over the property by way of adverse possession.
Citing the threat of imminent fencing, demolition and other coercive action, the society sought urgent intervention from the High Court.
Accepting the plea for interim relief, Justice Chagla directed the BMC to place its reply on record and ordered that no action be taken on the two impugned notices until the next hearing, thereby maintaining the status quo over the disputed property.
Redevelopment Proposal
Bengaluru-based real estate major Puravankara has been selected by the society to redevelop the prime 2.5-acre property on Pali Hill. According to sources, the society's plot has development potential of 4.10 lakh sq ft of carpet area, of which about 2.15 lakh sq ft will be available for sale in the market. The gross development value is estimated to be over Rs 2,000 crore.
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Puravankara did not respond to queries from the FPJ, while Deccan Co-operative Housing Society declined to comment on the ground that the matter was sub judice. Puravankara has also bagged the prestigious project for the redevelopment of Miami Apartments in Breach Candy.
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