Deccan Co-operative Housing Society's claim to exclusive possession of government land access denied; gates removed to keep access open for all
In a significant judgment delivered on September 10, 2026, the Bombay High Court ruled against the Deccan Co-operative Housing Society Limited, holding that the petitioner cannot claim exclusive possession over a strip of government land used as access by erecting gates. The Court upheld the action taken by the State of Maharashtra to remove the gates installed by the petitioner on the government land and declared that such access must remain open to the public, including the petitioner, as it is government property.
The dispute arose when the petitioner society, which had been using a strip of land as a temporary access road to their plot since the 1970s, erected iron gates on this land, thereby attempting to convert the access into an exclusive right of use. This strip of land was originally government land, over which temporary access was permitted until the development of the sanctioned 44-feet-wide Development Plan (D.P.) road on the eastern side of the petitioner's property.
The petitioner society claimed that it was in exclusive possession of this access road for over 45 years and challenged the State's order dated March 17, 2026, directing the removal of the gates. They argued that the access formed part of their property allotment from 1959 and contended that no prior notice was issued before the removal order, violating principles of natural justice.
However, the Court examined the relevant documents, including municipal communications, the Development Plan, and the civil suit initiated by the petitioner, and found that the access strip was not part of the petitioner's allotment but remained government land. It was further established that the petitioner's right was limited to temporary access, which was to cease once the D.P. road was constructed - a condition already fulfilled.
The Court observed that while the petitioner had maintained the garden and access, they had no exclusive right to erect gates and restrict others' use. The removal of gates by the Collector was deemed justified to prevent the conversion of public government land into private property, ensuring the access remained open for the benefit of all, including residents of a neighboring slum area who rely on the access for daily movement.
The Court also clarified that the interim injunction order granted in the civil suit filed by the petitioner did not apply to the access road or gates, as these were not part of the suit's subject matter. The Court emphasized that the petitioner's right to access was permissive and did not amount to ownership or exclusive possession.
The judgment highlighted the necessity of balancing private usage rights with public interest, especially in congested urban areas. It underscored that government land reserved for public access cannot be monopolized by private parties through unauthorized constructions or gates.
While affirming the removal of the gates, the Court made it clear that the petitioner's access to the land remains intact and that the State must not grant exclusive use of the access to any party. It also noted that if the State intends to interfere with the petitioner's access rights, due process under the Maharashtra Land Revenue Code, including notice and hearing, must be followed.
The ruling thus reinforces the principle that temporary access granted on government land cannot be converted into exclusive possession and that public access rights must be preserved.
Bottom Line:
Right to access over Government land - Petitioner permitted temporary access over Government land, but cannot claim exclusive right by erecting gates. Such access must remain open to all, as it is Government land.
Statutory provision(s):
Constitution of India, 1950 Articles 226, 227; Maharashtra Land Revenue Code, 1966 Section 53
