Permissive Use Versus Exclusive Possession: Legality of Enclosing Public Access on Government Land

sketch of the Bombay High Court
Case
THE DECCAN COOPERTIVE HOUSING SOCIETY LIMITED v. STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY REVENU DEPT AND ORS (Bombay High Court, 10-09-2026)
Law
Constitution of India, Maharashtra Land Revenue Code.

Highlights of the Judgment:

  • Analysis of whether permissive temporary access over government land confers exclusive possessory rights.
  • Examination of the legality of erecting gates to convert public access roads into private enclosures.
  • Interpretation of statutory powers under the Maharashtra Land Revenue Code regarding the removal of unauthorized structures.
  • Application of principles of natural justice and notice requirements prior to taking state action on government property.
  • Balancing public right of way against private co-operative housing society claims in densely populated urban areas.