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• A Borivali East cooperative housing society has secured interim relief from the Bombay High Court in a dispute concerning public access through its premises.
• The court restrained authorities from acting on a civic communication related to parking and access on a proposed Development Plan (DP) road passing through the society land.
• The matter involves concerns around emergency vehicle movement, parking management and the status of the proposed road alignment within the residential complex.
The Bombay High Court has granted interim relief to a cooperative housing society in Borivali East amid an ongoing dispute regarding public access and movement through a proposed Development Plan (DP) road passing across the society premises. Advertisement
The matter relates to Ekta Meadows Cooperative Housing Society, where residents challenged a communication issued by authorities concerning vehicle parking and access arrangements linked to the proposed DP road passing through CTS No. 279 at Khatao Estate in Borivali East, Mumbai.
According to court records, the communication issued earlier this month by the Senior Police Inspector of Dahisar Traffic Department stated that the land associated with the proposed DP road was under the possession of the municipal corporation. Authorities had raised concerns that unauthorised parking of vehicles by society members could obstruct movement of emergency service vehicles, including ambulances and fire brigade vehicles.
During the hearing, counsel appearing for the petitioner society argued that residents had been using the area for parking in accordance with the approved building layout and maintained that vehicles would not be parked in an unauthorised manner. The petitioners also contended that no visible steps had been initiated by the civic body towards actual development of the proposed DP road.
The division bench observed that the communication issued by authorities did not indicate commencement of road-development activity on the site. The court subsequently directed that the communication should not be acted upon until the next hearing in the matter.
At the same time, the High Court instructed the society to ensure that vehicles belonging to its members are not parked in a manner that obstructs movement of emergency vehicles through the proposed road alignment.
The case highlights recurring disputes in Mumbai involving proposed DP roads passing through private residential layouts and cooperative housing societies. Several housing complexes across the city have faced conflicts linked to land reservations, access rights, road alignments and civic infrastructure proposals incorporated into development plans over different planning periods.
Urban planning experts note that such disputes often emerge when reserved road alignments intersect with occupied residential layouts where parking spaces, internal roads and common amenities have already been integrated into approved building plans. Questions relating to possession, implementation timelines and actual execution of reserved infrastructure projects frequently become subjects of legal scrutiny.
The matter is scheduled for further hearing before the Bombay High Court in the coming weeks, during which authorities and the petitioner society are expected to present additional submissions regarding the status of the proposed road and access-related issues within the housing complex.
Source Indian Kanoon
5th Jun, 2025
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