Bombay High Court clears Kanjurmarg land transfer for Metro Line 6 depot

The Bombay High Court on Friday dismissed a challenge by a private developer to the Maharashtra government’s decision to hand over 15 hectares of land at Kanjurmarg to the Mumbai Metropolitan Region Development Authority (MMRDA) for the development of the Metro Line 6 car depot, clearing a key legal hurdle for the long-delayed project [Mahesh Garodia v. State of Maharashtra & Ors.]..A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad dismissed two writ petitions filed by 78‑year‑old businessman, Maheshkumar G Garodia, who claimed to be the lessee and transferee‑in‑interest of the former Arthur and Jenkins Salt Works at Kanjurmarg..Garodia had assailed the Mumbai Suburban Collector’s April 17, 2023, order transferring 15 hectares from the disputed salt pan lands to MMRDA for a metro car shed, and sought the restoration of possession as well as a restraint on any metro‑related activity on the site..The Bench held that Garodia had “no subsisting right” after termination of the lease through orders dated November 2, 2004, and expiry of the original 99‑year lease term in October 2016, and therefore had no locus to seek the reliefs prayed for, including restoration of possession.With the petitions being dismissed, the Court clarified that all interim orders passed in these proceedings, which had restrained MMRDA from proceeding with the project, stood vacated..The Bench noted that there was no stay on the 2004 lease‑termination orders in the pending civil proceedings, and held that any claim for renewal of the 1922 lease deed could only be worked out before the civil court, not in writ jurisdiction. “The effect of absence of such an order in (Garodia’s) favour is that the lease deeds stand terminated and there is no subsisting right flowing to (Garodia),” the Court observed, adding that at best he could claim compensation if he ultimately established any entitlement..The Bench also recorded that the Union of India, which had earlier questioned the State’s ownership, had since resolved its dispute with Maharashtra and agreed to allot the land to the State. In that backdrop, the Union’s own writ petition challenging the Collector’s 2023 order was withdrawn on May 5 last year.In the changed scenario, the Court opined that a challenge to the jurisdiction of the Collector to order eviction or hand over the land to MMRDA no longer holds and has to be rejected. .In its affidavit, the MMRDA had stressed that Metro Line 6 is an “important Urban Transport Project” intended to decongest Mumbai roads and overburdened suburban trains. The project has an estimated cost of ₹6,716 crore, with the line stated to be at an advanced stage - viaduct work being 87.60 per cent complete, station civil works being 77.30 per cent complete, and around ₹2,293.12 crore already spent - with a targeted commissioning date of December 2026..Senior Advocate Aspi Chinoy with advocates Aditya Bapat and Shehzad A K Najam‑es‑Sani briefed by Maneksha & Sethna appeared for Garodia.Advocate General Dr Milind Sathe, along with additional government pleaders Jyoti Chavan and Himanshu Takke appeared for the State.Dr Sathe, along with advocates Saket Mone, Subit Chakrabarti, Raghav Taneja and Aashka Vora briefed by Vidhii Partners represented MMRDA.Additional Solicitor General Anil C Singh and senior advocate RV Govilkar appeared for the Union of India along with advocates Rui Rodrigues, Aditya Thakkar, DP Singh, Adarsh Vyas, Gauraj Shah, Krish Kant, Rajdatt Nagre and Ranjeet Kumar..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.