Bombay HC Orders Survey, Demarcation Of Worli Koliwada Waras Land After Decades-Long Fishermen's Struggle

Mumbai: In a victory for the fishermen community at Worli Koliwada, the Bombay High Court ordered the survey and demarcation of waras land that have been used by fishermen for centuries.

Commissioner to Complete Survey in Six Months

The court issued the order on July 30 in response to an application by a Worli Koliwada resident, Vasudev Shivram Worlikar, filed an application to establish their rights and privileges to common areas. A court-appointed commissioner will measure and demarcate the available and existing waras land in six months.

Military Encroachment and Slums on Traditional Land

The land in question covers an estimated area of over 1,20,000 square metres, some of which is encroached by slums and another section acquired by the military. Worli Koliwada residents have been campaigning for nearly two decades for the control of land used by their ancestors for fishing activities.

Historical Rights Recognised Under 1994 Decree

Advocate for the applicant, Gauraj Shah, said that a decree dated September 2, 1994, indicated that the applicants and other villagers have the rights and privileges to make use of waras land in terms of a 1933 resolution of the Bombay Improvement Trust Committee (BITC). The decree was granted on existing and available vacant land excluding that occupied by military authorities.

"Worli village is one of the oldest settlements of Mumbai and predates the establishment of the city. The fort, village, boats, and the common areas are part of the area's cultural fabric. However, a lot of encroachments came up on the vacant land," said Shah.

The respondents in the case, the Brihanmumbai Municipal Corporation argued for procedural steps before the application for a survey is accepted by the court. BMC said that a notice under the Code of Civil Procedure, 1908, is required because the application was made after a period of two years from the date of the decree.

BMC Objection Overruled to Prevent Delay

Justice Abhay Ahuja, however, said that issuance of notice would cause unreasonable delay and also defeat the ends of justice, which is to identify future encroachments and their removal. In this view of the matter, the issuance of notice is dispensed with, the court said. Moreover, the court said that as the decree is from 1994, the execution cannot be delayed any further.

BMC's representative, advocate, P G Lad, said the land in question was unidentifiable as there are no boundaries or numbers. Shah submitted that the description of the land would be in the BITC resolution and that it would be furnished to the BMC within a period of two weeks.

The court accepted the submission and said that once the resolution is furnished to the BMC, a court commissioner can measure and demarcate the land. It was agreed by the residents and BMC that since the records are with the city survey officer, the official should be appointed as the court commissioner. The matter is now listed on February 25, 2026.