Rejects developer’s plea, status quo request: Bombay HC clears Kanjurmarg land transfer for Metro 6 depot

The petition was filed by Maheshkumar Garodia of the Garodia Group, who sought to quash the April 17, 2023 order issued by the Mumbai Suburban District Collector transferring salt pan land, including around 15 hectares earmarked for the Metro 6 Swami Samarth Nagar-Jogeshwari-Vikhroli-Kanjurmarg depot. He had also sought directions restraining authorities from carrying out any development work on the land.

Garodia, represented by senior advocate Aspi Chinoy, had argued that “the State government, without even having any right, title and interest over the subject property, cannot take forcible possession of a private property and dispossess the petitioner”. He claimed to be a lessee of a large tract of land in Kanjur village and contended that the state had passed the impugned order without taking cognisance of a pending civil suit over the land. He had also earlier argued that the land was reserved for low cost housing and that an application had been made by private developer Shapoorji Pallonji to construct affordable homes, and therefore the land could not be transferred for the Metro project.

Advocate General Milind Sathe and advocate Saket Mone, appearing for MMRDA, opposed the developer’s claims.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad noted that the Advocate General of Maharashtra had on May 8 last year made a statement that “status quo in respect of subject matter of the petitions shall not be disturbed” till further hearings. In October 2024, the High Court had directed authorities to maintain status quo, which was extended from time to time.

Last year, the state government had informed the court that the matter involved a dispute between the Centre and the state and that the central government had already taken a decision to allot the land to the Maharashtra government. On May 5, 2025, Additional Solicitor General Anil Singh, appearing for the Centre, sought to withdraw the Union government’s separate petition challenging the April 2023 decision. The High Court dismissed the Centre’s plea as withdrawn.

The Kanjurmarg land has seen multiple legal twists over the past few years. On December 16, 2020, the High Court had stayed the operation of a collector’s October 1, 2020 order passed under the Maha Vikas Aghadi government led by then Chief Minister Uddhav Thackeray, transferring 102 acres to MMRDA for a Metro 3 car shed.

After the Mahayuti government led by then Chief Minister Eknath Shinde took office, the court was informed in August 2022 that the earlier Metro 3 car shed order had been withdrawn and the facility shifted to Aarey Colony, leading to disposal of related pleas. The April 2023 decision to allocate land for the Metro 6 depot at Kanjurmarg subsequently became the subject of fresh litigation.

In October 2024, another bench of the High Court, while ordering status quo, had remarked that it was a “rare occasion” when the Centre moved the High Court against a state government collector’s order and observed that the “instant matter appears to bear a checkered history.”

With Friday’s ruling, the path now appears clearer for the construction of the Metro 6 depot at Kanjurmarg, subject to any further challenge before the Supreme Court.