Court Rules in Favor of 14 Housing Societies Over State Housing Authority in JVPD
MUMBAI: In a significant ruling, the Bombay High Court has declared that common plots (utilities and amenities) in the Juhu Vile Parle Development (JVPD) area are owned by 14 housing societies and not by the state housing authority, Mhada. Justice Bharati Dangre's order earlier this week clarified that Mhada holds no rights, title, or interest in these plots following the execution of registered common plot conveyances along with individual plot conveyances in favor of the 14 societies. The decision came after one of the societies legally challenged Mhada’s claim over these plots.
Background of the JVPD Area
JVPD is now an upscale neighborhood, home to Bollywood producers, superstars, wealthy businessmen, and professionals. The ready reckoner rate for a plot in this area ranges from Rs 1-1.5 lakh per square meter, while residential flats cost around Rs 65,000 per square foot. Around 1950, the Bombay government acquired approximately 223 acres for housing schemes in Juhu and Vile Parle, at the request of the Juhu Vile Parle Development Cooperative Housing Association Ltd.
Legal Proceedings and Conveyance History
The plaintiffs, including Vithalnagar CHS Ltd and Juhu Vile Parle Cooperative Housing Association Ltd, stated that in 1951, the government issued an order for the land's development and assigned the execution to the Bombay Housing Board (BHB). BHB then entered into 10 separate building plot conveyances with the societies, followed by three more conveyances in 1956. These conveyances transferred the JVPD housing scheme plots on the left bank of Irla Nullah to each co-owner society for consideration, with the societies paying Rs 60 lakh for a total area of six lakh square yards (123 acres).
Dispute Over Common Plots
The common plots included 18 amenity plots, 16 utility plots, 40 feet internal roads, and canalization and creek of JVPD. Between 2010 and 2011, the 14 societies issued notices to BMC and Mhada to complete the acquisition of plots reserved for various purposes such as a library, playground, municipal retail market, DP Road, garden, and recreation ground. Acquisition proceedings began upon receipt of the purchase notices, but were suspended in 2017 when BMC and Mhada claimed that the common plots belonged to Mhada and that the co-owner societies were tenants.
High Court's Decision
Vithalnagar CHS Ltd, one of the co-owner societies, approached the Bombay High Court to resolve the ownership issue. The court observed: “Since the corporation, without raising the challenge to the Deed of Conveyance and transfer of land in favour of societies by the Board, which act the Board indulged in with prior permission from the Government of Bombay. After the lapse of almost 64 years, it is not open for the corporation to adopt such a stand premised on its own reading of deeming of vesting of the open lands in its favour once the scheme was completed.”
Conclusion
This ruling confirms that the common plots in the JVPD area legally belong to the 14 housing societies, providing clarity and closure to a longstanding dispute over land ownership in one of Mumbai's most prestigious neighborhoods.