Mumbai: Nemi Krishna Society Triumphs in 27-Year Battle to Reclaim Encroached Land Near Kandivli Station
The Nemi Krishna Society in Kandivli is rejoicing after a 27-year legal battle finally came to a successful conclusion. The Supreme Court has ruled that the society’s garden, which had been blatantly encroached by hawkers, must be returned to the residents. The hawkers had set up permanent shops along a narrow lane that thousands of commuters used daily to reach the railway platform. Following nearly three decades of litigation, the Supreme Court’s decision reinforces that the right of way is not absolute and that landowners can legally reclaim property from illegal encroachments.
Nemi Krishna Society is situated on Vasani Road at Jethwa Nagar in Kandivli West. Approximately 15 percent of the society’s land, designated as RG (Recreation Ground) and reserved for a garden, had been encroached upon by hawkers since 1998. The Supreme Court has also imposed a fine of Rs 3.5 lakh on 27 encroachers. The society now plans to develop a garden in the reclaimed area for its residents and commercial occupants.
The society comprises 117 flats, including 39 commercial units. Land mafias and hawkers began occupying the RG reserved garden area in 1998. Over the years, railway commuters also started using this private lane because an autorickshaw stand and a bus stop are located right outside. The BMC has now demolished the illegal shops and handed the land back to the society.
On November 26, the Supreme Court issued the order returning the land to the society. According to society members, they spent nearly Rs 1 crore on legal expenses over the years to fight the case and have finally secured victory. Society chairman Laxminarayan Ramsiyar Shukla, who is also a practising advocate, told mid-day, “In 1998, this land was encroached upon by land mafias. We first wrote to Western Railway to stop people from using our private road, but they told us the road belongs to us and we must handle the issue ourselves. We approached the BMC several times, but the hawkers had secured a stay from the court, which prevented demolition.”
“We fought this case for almost 27 years and finally won. The judgment is in our favour, and the Supreme Court has ordered that our land be returned. We have now built boundaries and closed the illegal access road that people were using. There was never any authorised road to the station from this spot,” chairman Shukla added.
Last year, the BMC demolished 19 illegal structures, and the remaining shops were removed a few days ago following the final order. Ganesh Mapuskar, a Kandivli resident, said, “Every day I take a shared autorickshaw or bus from Charkop to Kandivli railway station. The bus and autos drop us right at this spot. I’ve been using this lane for years, but now it’s closed. I have to walk much more to enter or exit the platform.”
The victory of Nemi Krishna Society not only marks a significant legal achievement but also sets a precedent for other landowners facing similar encroachments. The society’s determination and persistence over nearly three decades have paved the way for a fair and just resolution, ensuring that their rights and property are protected.
