The Bombay High Court in an interim order has upheld actor/director Sanjay Khan’s right to use the internal roads on a plot adjoining his bungalow in Juhu. The court has further disallowed any development on these roads till the suit is decided. Justice Riyaz Chagla held that Khan has prima facie established his right to use the internal roads of Silver Beach Estate, to access his bungalow standing on 1,692.90 square metres of land, purchased from the Creado family in 1970. The court has also upheld his right to use the roads leading up to Juhu Beach.
Adispute arose when the Creado’s sold a plot to Kyrus Industries in 2009. Construction carried out by Kyrus is claimed by the Khans to be affecting, disturbing, obstructing their continued rights, use and enjoyment of the internal roads/spaces within the Silver Beach Estate and the open areas on the plot for access to Juhu Beach.
The Khans, represented by senior counsel Darius Khambatta and Murtuza Federal, cited a letter from June 30, 1970, addressed by original owner Victor Creado to the municipal commissioner where an undertaking was made that all the internal and private access roads will be constructed and lighted to municipal specification. According to another document, the Khans would have access to these roads.
While the Khans, in their original suit, have claimed co-ownership of the roads, that case is yet to be decided. The HC rejected the interim relief sought by Neil Creado to stop the Khans from entering their part of the plot, or parking cars or making any sort of divisions. He had also sought damages from the Khans for using the roads.
“In my view, prima facie, the Khans have established that they have been granted an easementary right to the use of the internal access roads by way of conveyance as well as having an easementary right by way of prescription over the ‘S’ shape path leading up to the internal access road,” the court held.