The court said the issue can be resolved before a competent civil court and the HC could not examine the same under the writ jurisdiction.The Bombay High Court on Monday held that a detailed fact-finding exercise was required on a claim by fisherfolk related to traditional rights over a portion of disputed land at Khar (West) for drying fish and fishing nets.The HC noted that the “dispute is purely on demarcation as to whether the traditional rights were in any manner affected by the slum redevelopment in question,” on adjoining land, being developed by Hanuman Nagar CHS Ltd through Jasani Realty Pvt Ltd.The court said the issue can be resolved before a competent civil court and the HC could not examine the same under the writ jurisdiction. The bench then dismissed the plea by keeping the contentions of the parties open. The bench also continued status quo on the portion of the land for three weeks.A bench of Justices Makarand S Karnik and Shriram M Modak passed the verdict on a plea by Danda Koli Masemari Vyavasayik Sahakari Sanstha Maryadit and the Danda Koli Samaj.The plea claimed the fishing was the primary livelihood source of Kolis (fisherfolk) from Khar Danda area and ancillary activities such as fish-drying, fishing equipment storage, net-mending were key for them to sustain economically as well as culturally and the same was recognised by a state government circular in 1993.The petitioner through senior advocate Gayatri Singh claimed the Brihanmumbai Municipal Corporation had reserved the land in question for the local fishing community and over 1,000 families depended on the said land, which could not be used for an SRA project.On December 17, 2025, another high court bench heard earlier plea against the SRA’s May 2022 order declaring fisherfolk’s fish-drying portion of land as a slum and seeking removal of encroachment by the developer.Story continues below this adThe court noted the state government’s failure to protect lands and allowing slum formation under the Maharashtra Slum Areas Act, 1971. The bench directed the government to hear both parties and demarcate afresh as per law and said the government “cannot be oblivious to what is happening to its prime land.”The HC also formed a panel comprising Additional Principal Secretary (Urban Development), Collector (MSD) and SRA CEO for fresh demarcation by January 10. The HC had ordered no coercive action till then along with status quo on the patch of land. It had also stated that if the panel passes an order adverse to the petitioner, the same shall not be effected for 10 days after its communication.The petitioner then challenged the panel report through a fresh plea and the earlier interim order was continued from time to time.The plea claimed that while their grievance was concerning only 9588.5 square metres of land, it was not concerned with other plots. Despite this, the petition claimed that by clubbing 12 other plots, the panel wrongly held that petitioners would have a total 26,000 sq m area available.Story continues below this adThe plea further claimed the panel was required to redraw the boundary as per Development Plan, which was not done and instead the committee report merely reproduced the developer’s submissions.The Justice Karnik-led bench held, “The petitioner’s challenge to the report of the committee as well as the reliefs claimed will necessarily entail a detailed fact-finding exercise requiring assessing of evidence.”“We, therefore, do not find any merit in the petition, and keeping all questions open, the writ petition is dismissed,” the bench held.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read MoreStay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Bombay High Court