Bombay HC Upholds Govt Resolution Transferring Thane Land For MMRDA’s Integrated Metro Car Shed Depot, Cites Public Purpose

Mumbai: The Bombay High Court has refused to quash a government resolution (GR) transferring over 170 hectares of land in Thane district to the Mumbai Metropolitan Region Development Authority (MMRDA) for an Integrated Metro Car Shed Depot, observing that the project serves a “public purpose”.

Farmers' Society Claimed Long-Term Cultivation, Sought Tenancy Protection

A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne dismissed a petition filed by Kharbhumi Krushi Samnvay Samiti, a farmers’ society, and its office-bearers. The petition challenged the GR dated October 16, 2023, claiming their members had cultivated the land at Mouje Mogharpadha in Thane for decades as lessees.

The petitioners admitted they were not owners of the land but sought protection of their tenancy rights and contended that the transfer of 174.76 hectares to the MMRDA was arbitrary and overlooked their livelihood concerns.

Court: Petitioners Not Owners, Land Belongs to State Government

However, the court ruled that the land belongs to the State Government and its use for public infrastructure is legally permissible. “Admittedly, the petitioners are not the owners of the subject land… The State Government is free to put [its] land to use in accordance with law,” the bench observed.

Advocate Akshay Shinde, appearing for the MMRDA, submitted that 22.5% of the land has been earmarked to rehabilitate 167 agriculturist leaseholders and 12.5% for 31 encroachers. Petitioners falling under these categories would be eligible for rehabilitation, he said.

MMRDA: Land Needed for Metro Lines 4, 4A, 10, and 11 Depot

In its affidavit, the MMRDA stated that the land is needed for an Integrated Metro Car Depot for Metro Lines 4, 4A, 10, and 11—spanning 57.18 km and connecting Shivaji Chowk (Mira Road), Gaimukh, Kasarvadavli, Wadala, and CSMT. These metro lines have been declared ‘Vital Urban Transport Projects’.

Apart from the car shed, a portion of the land is reserved for the Coastal Road project, while the remaining will be used for future development and to formulate a rehabilitation scheme for affected landholders.

HC: Project Clearly Meets ‘Public Purpose’ Threshold

The court found no illegality in the transfer. “The decision to transfer the subject land has been taken in public interest for setting up of an Integrated Metro Car Shed Depot, which is a public purpose,” the judgment read. “It cannot, by any stretch of imagination, be said to be arbitrary or to suffer from non-application of mind.”