Supreme Court Refers Pedder Road Housing Dispute for Mediation.


22 September 2025 Mediation & Alternative Dispute Resolution >> Miscellaneous  

The Supreme Court of India has sent a pending property dispute case between Sukhshanti Cooperative Housing Society Ltd. at Pedder Road, Mumbai, and the proprietors of two adjacent commercial units to mediation. The case, pending litigation since 2006, came to the top court by way of Special Leave Petitions (SLP (C) No. 3725/2025 and connected matters) after the Bombay High Court found the petitioners guilty of contempt.

A Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan heard the petitions, observing that the two cases posed identical issues and parties. At the heart of the grievance of the society are the claimed encroachments and alterations made by the petitioners, including:

 

 
 

  • fixing of a door which overran the areas of common passage,
  • fitting of a mild steel shutter giving direct access to the road, and
  • destruction of a partition wall between two units, which the society claimed compromised the structure of the building.
The petitioners, nonetheless, challenged these assertions. Senior counsel representing them made clear that the concerned units in question were business premises and not dwelling apartments, as implied in previous proceedings. Counsel further briefed the Court that both the contested door and shutter had since been dismantled. On the part of the leveled wall, it was argued that the Brihanmumbai Municipal Corporation later reconstructed it for safety purposes.

The Supreme Court was in doubt over the High Court's action of exercising contempt jurisdiction in this case while deciding a writ petition under Article 226 of the Constitution. With this in mind, the Court issued notice in the petitions and ordered parties to maintain status quo in terms of possession and nature of the property.

Realizing that the litigants are interested parties and that long-drawn litigation would serve to only fuel hostility, the Bench favoured mediation. In line with this, the Court has appointed former judge of the Bombay High Court, Justice S.C. Gupte, as mediator. His modalities and fees are to be settled after consultation with both sides, with costs divided among the stakeholders. The result of the mediation will determine further action in the case.
This action by the Supreme Court highlights its increasing use of mediation to end tricky housing and property disputes, particularly ones revolving around long-standing family or community relationships.