Nemi Krishna Society in Kandivli is ecstatic after the Supreme Court — following a battle that started in 1998 — finally ruled that society’s garden, blatantly encroached by hawkers, must be returned to residents
The shortcut lane that was shut after the Supreme Court restored the land to the society. Pics/By Special Arrangement
After a 27-year legal battle, the owners of Nemi Krishna Society near Kandivli railway station’s platform no. 1 have finally reclaimed their garden-reserved land from encroaching hawkers. The hawkers had set up permanent shops along the narrow lane that thousands of commuters used daily to reach the railway platform. Following nearly three decades of litigation, the Supreme Court ruled in favour of the society, restoring the plot to its rightful owners. The judgment reinforces that the right of way is not absolute and that landowners can legally reclaim property from illegal encroachments.
Former access lane used by commuters now blocked by society. Pics/Satej Shinde
Nemi Krishna Society is located on Vasani Road at Jethwa Nagar in Kandivli West. Around 15 per cent 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.
Commuters using the lane before the court ordered it to be shut
The society comprises 117 flats, including 39 commercial units. It said 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.
View from the platform showing the now blocked narrow path. Pics/Satej Shinde
On November 26, the Supreme Court issued the order returning the land to the society. According to society members, they spent nearly R1 crore on legal expenses over the years to fight the case and have finally secured victory.
Nemi Krishna Society blocks the path after reclaiming its garden reserved land
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.
Laxminarayan Ramsiyar Shukla, chairman, Nemi Krishna Society
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.”
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