The Bombay high court in an interim order upheld actor-producer-director Sanjay Khan’s right to use the internal roads on a plot of land adjoining his bungalow at Juhu in Bombay. The court further disallowed any development on these roads till the suit was decided. Justice Riyaz Chagla held that Sanjay Khan had prima facie established his right to use the internal roads of Silver Beach Estate, to access his bungalow purchased from the Creado family in 1970. Khan cited a letter dated June 30, 1970, from original owner Victor Creado to the municipal commissioner where an undertaking was made that all the internal and private access roads would be constructed and lit up to municipal specifications. According to another document, the Khans would have access to these roads. The high court also upheld the Khans’ right to use the roads leading up to Juhu Beach.
A dispute arose when the Creados sold a plot to Kyrus Industries in 2009. The Khans claimed that construction carried out by Kyrus was 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.
In the original suit, the Khans claimed co-ownership of the roads but that case is yet to be decided. The court rejected the interim relief sought by Neil Creado to stop the Khans from entering their part of the plot, or parking cars or making divisions. Neil had also sought damages from Sanjay Khan for using the roads. The court held that prima facie, the Khans had established that they had 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.