Encroachment in Mumbai: Footpaths, Society Open Spaces and Your Own Property — What You Can Do

Encroachment is one of Mumbai’s oldest problems. Hawkers spread across footpaths, a neighbour extends a wall into a common passage, sheds appear on a society’s open space, or someone occupies a vacant flat or plot. In February 2026 the Bombay High Court observed that encroachment in the city has become like a disease, and directed the BMC to plan the removal of encroachments even from a privately owned street the public has used for decades.

This guide explains the remedies for each kind of encroachment, the time limits that matter, and how to build a record that authorities and courts can act on.

Which kind of encroachment is it?

Encroachment on public land and footpaths

The BMC has a duty to keep roads and footpaths free. The Bombay High Court has said that encroachers have no legal right to occupy a footpath, and in March 2026, in the long-running hawkers case, it ordered that unauthorised hawkers across Mumbai be removed. In a February 2026 judgment concerning a structure on a public street in Santacruz (West), the Court ordered the Municipal Commissioner to inquire how the structure had been allowed to stand for decades.

• Complain in writing to the Assistant Commissioner of the ward, with photographs and the exact location.
• Get the complaint stamped and keep the inward number.
• Follow up after a reasonable time, and use RTI to ask what action was taken.
• If the encroachment keeps returning and the ward office does not act, residents can approach the High Court. Many of the orders above came from petitions filed by residents and housing societies.

Encroachment on a society’s setback or open space

The setback, compound and internal passages of a building are not available for hawkers, sheds or parking by outsiders. The managing committee should pass a resolution, write to the ward office with photographs and the approved plan showing the setback, and follow up. In a December 2025 matter, the Bombay High Court made senior BMC officers answerable for removing hawkers and vendors who had occupied a Mulund society’s setback for years.

If the encroacher is a member or a neighbouring property owner, the society can also file a civil suit for an injunction and removal.

Someone has occupied your flat, shop or plot

Police complaint. Entering or staying on property in someone else’s possession with intent to commit an offence, or to intimidate, insult or annoy the person in possession, is criminal trespass under Section 329 of the Bharatiya Nyaya Sanhita, 2023. Criminal trespass is punishable with up to three months’ imprisonment or a fine up to Rs 5,000, or both; house-trespass with up to one year or a fine up to Rs 5,000, or both. File a written complaint with documents showing your ownership or possession.

Six-month suit for possession. If you were in possession and were dispossessed without your consent and without due process, Section 6 of the Specific Relief Act, 1963 lets you sue to get possession back, without having to prove title. The suit must be filed within six months of dispossession, and cannot be filed against the Government. No appeal lies from a decision under Section 6.

Suit based on title. After six months, or if you prefer, you can file a regular suit for possession based on your ownership, usually with a request for an injunction. Do not delay: a person who stays in open, hostile possession for long enough may try to claim ownership by adverse possession.

Do not take the law into your own hands. Breaking locks or forcibly removing an occupier can expose you to criminal and civil claims.

Build your record from day one

• Ownership papers: agreement, share certificate, property card or 7/12 extract, tax receipts
• Proof of possession: electricity bills, society bills, photographs
• Dated photographs and videos of the encroachment as it grows
• Copies of every complaint with the inward stamp, and every reply
• The approved plan, if the encroachment is on a setback or common area

For drafting the complaint, see application formats for police and BMC. For help with a dispute, see encroachment and illegal possession.

Common questions

The police say it is a civil matter. What now?

Disputes about who owns property are civil. But entering or staying on property in your possession to intimidate or annoy you is a criminal offence. If the police will not register a complaint, see what to do when the police will not register an FIR, and file the civil suit in parallel.

How long do I have to act?

For the quick Section 6 suit, six months from dispossession. Other suits have longer limitation periods, but delay always weakens a case.

Can the BMC remove encroachment from private land?

The BMC acts on unauthorised structures and on encroachments affecting public use. In February 2026 the High Court directed it to act even on a private street long used by the public. For a dispute between two private parties over land, the civil court is usually the route.

Hawkers outside our building have licences. Can anything be done?

Licensed hawkers must stay within their permitted area and conditions. Complain to the ward office if they occupy the setback, block the entrance or spread beyond their licence.

Sources

• Bombay High Court on encroachment on a private street used by the public, February 2026 (Verdictum)
• Bombay High Court, March 2026 order on unauthorised hawkers (Free Press Journal)
• Bombay High Court: encroachers have no right to footpaths (Free Press Journal)
• Specific Relief Act, 1963, Section 6 (Indian Kanoon)
• Bharatiya Nyaya Sanhita, 2023, Section 329 (text)

This guide is general information. The right remedy depends on the land, the documents and how long the encroachment has existed.