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Navigating Chheda Nagar's uncertain future: Rights, rulings, and redevelopment

In the enduring land dispute of Chheda Nagar, a 156-acre residential enclave in Chembur, Mumbai, the recent city and civil court ruling delivered a surprising setback to its 65 housing societies. The court stayed the Mumbai suburban collector's April 2022 order, which had designated the entire Chheda Nagar as state government land, unraveling a protracted legal saga dating back to the 1970s. The suburban collector's order invalidated titles for 140 acres, previously under the names of the Government of India, Shamji Khimji Chheda, and Ravji Khimji Chheda. Crucially, it acknowledged the rights of existing housing societies, recognizing their potential for applying for apportioned lands on lease or occupancy class II, subject to government concurrence. Moreover, the order explicitly restrained the BMC from approving building plans, repair, or reconstruction on the land without state government permission, while permitting the mutation of lands for established public amenities. Challenges to the collector's order were initiated before the Konkan Divisional Commissioner, awaiting a hearing. However, the city civil court, apprised of the collector's 2022 order, imposed a restraining order against the creation of third-party rights. Key stakeholders in the land's ownership include the Salt Commissioner, the Government of India, the Chheda family, and the Maharashtra government. The Salt Commissioner, representing a central agency, contends the entire area as salt pan lands under its administration. In 2013, a key order by the then suburban collector declared the Government of Maharashtra as the owner of all salt pan lands in Mumbai, setting the stage for the collector's order in 2022. The collector's 2022 order only recognises rights of the housing societies while there are so many more plot holders. The rights of all the other plot holders and the rights of the Chheda family as rightful owners had been deleted. Representatives for Bhupendra Chheda, heir of S K Chheda, highlighted the Chheda family's acquisition of 140 acres in the 1970s. The BMC sanctioned a township, leading to the subdivision into 449 plots and the establishment of Chheda Nagar with its 65 housing societies. Legal battles ensued, including an appeal filed in 1970 when the Salt Commissioner issued eviction notices. The case, initially in Bombay High Court until 2012, was later transferred to the city civil court. Residents, grappling with aging buildings and financial strains, anticipated relief through land conversion to Occupancy class II, envisaging redevelopment. Most of the societies in the enclave are nearly half a century old, and in need of redevelopment as regular repairs are a huge burden and most of the people residing in the area are senior citizens. However, the recent court interventions affect any redevelopment efforts in the region. All this legal uncertainty has left the fate of Chheda Nagar again in limbo, emphasizing the ongoing struggle between housing societies, the Chheda family, and the various authorities involved.

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