MUMBAI: Supreme Court has dismissed a special leave petition by L&T, bringing to a close a long-running legal battle over a prime residential property on Pali Hill Road, Bandra where the company’s former chairman and present chairman emeritus A M Naik has been living for over 20 years.The company, which claimed to be a close to 30% owner of the property, is now required to hand over vacant and peaceful possession of the bungalow known as ‘High Trees’, among the few heritage properties still standing in the posh Pali Hill residential enclave. The dismissal affirms the eviction decree earlier upheld by Bombay HC.The dispute goes back to a tenancy that originated in 1961 with a formal lease expiring in 1970. The landlord group comprising members of the KC Kothari family and other co-owners, initiated eviction proceedings in 2001 before the small causes court in Bandra, after terminating the tenancy.Ending a prolonged legal dispute over a prime residential property on Pali Hill Road in Bandra, the apex court dismissed a special leave petition filed by Larsen & Toubro.During the pendency of the litigation, in 2001 L&T had acquired a 7% undivided share in the property from Amar Munot, one co-owner (since deceased).Subsequently, its holding increased to 29.5%. On this basis, citing a 2017 SC ruling (‘Mangal Builders), the company argued that it had become a co-owner and that eviction proceedings could not continue against it. Besides, it argued that a partition suit amongst co-owners including L&T was pending.In its March 27, 2026, judgment, Bombay high court judge MM Sathaye rejected this argument, holding that the objections by a co-owner of having sold 7% shares to L&T during the pendency of the eviction suit, “is tainted with collateral purpose” and hence cannot adversely affect maintainability of the suit.The HC held that eviction of L&T ordered by an appellate bench of Small Causes Court in 2010 cannot be faulted. It held that one co-owner’s objection, particularly when motivated to benefit a tenant, cannot defeat the eviction rights of the remaining co-owners.The HC said the question before it was whether a co-owner can file a suit for eviction of a tenant if another co-owner objects when such objection is due to sale of the property shares in favour of the tenant.The HC found no perversity in the small cases appellate court order of eviction, saying it was the “most probable view” and hence dismissed the company’s application but stayed it for six weeks to enable it to appeal.L&T filed a special leave petition (SLP) seeking to appeal the HC judgment. The SC bench of Justices Prashant Mishra and N V Anjaria at the initial hearing on April 27 said, “We are not inclined to entertain these Special Leave Petitions. Accordingly, the Special Leave Petitions stand dismissed.”
