The Corporation Drew A Street Through Their Open Space. That Is Now Quashed.
A housing society's open space was demarcated as a regular line of street so a neighbour could reach his plot. The High Court has undone it and sent the Rs 15 lakh back.
The Court quashed and set aside the demarcation of a regular line of street through the society's open space, and declared that merely because of a layout condition introduced in 1978, the neighbour is not entitled to access without the Corporation following due process of law — which includes payment of compensation, to be determined by the State Government once it concludes that granting access serves a public purpose. The Rs 15,00,000 deposited is refunded with 6 per cent interest within six weeks.
- An old layout condition is not a standing right of way. Due process still has to be followed.
- Public purpose has to be found first, by the State Government, before access is granted.
- Compensation is part of the process, not an afterthought.
- Sections 205 and 209 of the MMC Act must be strictly exercised before an access road is treated as a public street.
- Court
- High Court of Judicature at Bombay
- Citation
- Writ Petition No. 6334 of 2015
- Case
- Writ Petition No. 6334 of 2015
- Decided
- 7 September 2026
- Outcome
- Writ petition made absolute; demarcation quashed and deposit refunded
What the Corporation had done
The Corporation issued an order demarcating a regular line of street passing through the open space of the petitioner society's sanctioned layout, so as to give a neighbouring owner access to his property.
That order was quashed and set aside.
What the Court permitted instead
The Corporation may take appropriate steps on the neighbour's application seeking access to his property.
That request must be considered subject to compliance with the procedural formalities to be followed before an access road is treated as a public street, and the powers under Section 205 read with Section 209 of the Act must be strictly exercised subject to its provisions.
The declaration, and the money
In the light of the remand order passed by the Supreme Court, the Court declared that merely because of the layout condition introduced in 1978, the neighbour is not entitled to have access without the Corporation following the due process of law.
That process includes payment of compensation, which is to be determined by the State Government when it arrives at the conclusion that granting access would serve a public purpose.
The Rs 15,00,000 deposited with the petitioner society is to be refunded to the neighbour with interest at 6 per cent per annum, the Court expecting that to be done within six weeks.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a municipality declare a street through a society's open space?
Only by following due process, including a finding of public purpose and payment of compensation determined by the State Government.
Does a 1978 layout condition give a neighbour access?
No. The Court declared it does not, without the Corporation following the law.
Resisting a street demarcated through private open space
- Trace the layout condition and what it actually obliges; a condition is not a conveyance.
- Insist on the statutory route for declaring a public street, with each formality identified.
- Raise compensation and public purpose together — the Court treated them as one requirement.
- Where money has been deposited pending the dispute, ask for its return with interest in the same order.
Source. High Court of Judicature at Bombay, Writ Petition No. 6334 of 2015, decided 7 September 2026 by . This explainer is written from the judgment text as reported.
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