Ownership of 156-acre land has been under dispute since 1974; residents who have been managing with regular repairs say they must be allowed to rebuild
Residents are exploring the option to become party to the litigation through the Chheda Nagar Residents Welfare Association. File pic
While the state government and cooperative department are promoting self-development and redevelopment for old, dilapidated residential buildings, for 105 buildings in the 65 housing societies in Chheda Nagar, Chembur, redevelopment remains shrouded in uncertainty. The buildings housing 5,000 people, 60 per cent of whom are in their twilight years, are nearing the end of their lives.
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In a long-pending dispute, the suburban district collector in 2022, stated in an order that the Chheda Nagar land belongs to the Maharashtra state government. The order set aside ownership claims of both, the Chheda family and the Salt Commissioner (Union of India). Housing societies believe that the registered conveyance deeds with the Chheda family, based on which the buildings were constructed, may be deemed invalid and hamper redevelopment.
“Chheda Nagar residents have no say in the litigation as we are not a party to the ongoing court case,” a resident said. Chheda Nagar is a small residential colony located along the Eastern Express highway near Amar Mahal junction.
The buildings in Chheda Nagar were built between 1971 and 1973
Bhupesh Mehra, 60, a businessman from Sector 4, said, “Our buildings are over 45 years old. We maintain our society with regular repairs but recently, we had to undertake major work and it cost each member around a lakh along with the society’s deposit funds. I am concerned that our society cannot afford such major repairs anymore. We are legitimate flat owners, we pay all government taxes regularly, yet we are being treated like squatters.”
A V Anantharaman, 70, a resident of Sector 3, said, “We undertake regular repairs and those suggested by structural auditors. But if the building suffers damage due to unforeseen circumstances, residents should be allowed to rebuild and reside on the land. Amid the litigation, the suburban collector’s order, and delay in disposal of cases, we are clueless about our future.” Ananthraman added that residents of one of the buildings declared unfit for occupation in the late 90s, continue to stay in another place while the building remains deserted.
The dispute
Resident V Subramanian told mid-day, “This residential colony came up between 1971 and 1973 when the land used to be marshy as the place was close to the backwater of the Arabian Sea. The land comes under survey no. 320 (renumbered as CTS 661 at present), wherein 65 societies purchased land from the Chhedas. The Chhedas made their own layouts (sector 1 to sector 6) and numbered the plots. They also executed registered conveyance deeds to most housing societies, who built ground-plus-two and ground-plus-three buildings.”
In 1974, after the 105 buildings were built, the housing societies were served an eviction notice by the Salt Commissioner, Government of India, who claimed ownership of the land. “We were obviously shocked,” said Subramanian. “We approached the Chheda family, who assured us that they were the original owners and would take the matter to court. The family obtained a stay on the eviction from the Bombay High Court,” Subramanian said.
Collector’s order
“On April 11, 2022, the Mumbai Suburban District Collector, issued an order, stating that the entire 156 acres of land under CTS 320 (renumbered as CTS 661), is the property of the Government of Maharashtra and all legal agreements claiming the ownership are not valid. The order also stated that the current bifurcation of land stands cancelled and the entire area, will come under one survey number,” said Subramanian. “The mutation entry in the government records was also changed from the last entry of ownership of land in the property card, from ‘Union of India’ to ‘Government of Maharashtra’,” Subramanian said.
The collector’s order also presented some hope for the residents. The collector’s order stated that the existing societies could apply for an Occupancy Confirmation, called Class 2, subject to government approval. Around 24 societies applied for the same to the suburban collector in 2022 through their parent body, Chheda Nagar Residents Welfare Association (CRWA). Physical inspection of the societies was done by the talathi (revenue official). Then, another 34 societies also applied in April 2023. By August, over 60 societies had applied for Occupancy Confirmation. The inspection of these societies is pending.
“Once approved for Class 2, there are provisions for opting for free hold land,” Subramanian said.
Meanwhile, the Chheda family and the Salt Commissioner have appealed for a stay in the collector’s order before the Konkan Divisional Commissioner. The case is yet to be heard. Anantharaman said that the CRWA is consulting advocates to explore the possibility of becoming a party in the litigation.
65
No of housing societies in Chheda Nagar
105
No of buildings in Chheda Nagar
2022
Year suburban collector said state govt owns land
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