Bombay High Court halts further demolition of Digambar Jain temple in Mumbai

The Bombay High Court on April 16 directed the Brihanmumbai Municipal Corporation (BMC) to immediately halt further demolition of the Jain temple structure located in Mumbai's Vile Parle [Shree 1008 Digambar Jain Mandir Trust v Municipal Corporation of Greater Mumbai and Others] .Justice Gauri Godse passed the order after Shree 1008 Digambar Jain Mandir Trust filed two appeals challenging the demolition action initiated by the civic body.The Court granted ad-interim protection to the temple premises until the next hearing on April 30.“The appellants are entitled for a reasoned order rejecting their applications and are also entitled to be heard in these appeals. Hence, till the impugned orders are made available and appellants are heard in these appeals they are entitled to ad-interim protection,” the Court said in its order..The dispute stemmed from demolition action initiated by the BMC based on a notice issued under Section 53(1) of the Maharashtra Regional and Town Planning Act (MRTP Act) and another under Section 488 of the Mumbai Municipal Corporation (MMC) Act. In ongoing civil suits related to the matter, the city civil court had dismissed interim protection applications on April 7. However, it had extended a prior stay for seven days, which expired on April 15. On that date, the Trust sought an extension, but according to the appellants, the city civil court orally rejected the request. Since the reasoned order of rejection was not available, the Trust approached the High Court on April 16..Taking cognizance of the urgency—particularly because BMC officers had arrived on site with police to carry out the demolition—Justice Godse permitted the matter to be heard at 11 am. During the hearing, Senior Advocate Surel Shah, appearing for the Trust, informed the Court that only a part of the outer structure has been demolished and the main structure still stood. BMC counsel Drupad Patil, after taking instructions from Assistant Engineer (B&F) Satish Anerao, informed the court that barring two walls measuring 15 feet and 7 feet in length (each 10 feet high), the rest of the temple structure has already been razed.Justice Godse accepted the BMC’s statement but directed the civic body to file a supporting affidavit within two weeks, along with a copy of the panchanama documenting the demolition. The Court also instructed the BMC to ensure that no further demolition activity is carried out. “In view of the aforesaid, the appellants are entitled to ad-interim protection. Hence, till further orders are passed by this court the corporation is directed to immediately stop the further demolition work,” the Court ordered.The Court maintained that status quo as of April 16 must be preserved until the next hearing.The case will be heard next on April 30. .Senior Advocate Surel Shah along with advocates F Patyal instructed by Nidhi Chheda appeared for Shree 1008 Digambar Jain Mandir Trust.Advocate Drupad Patil along with advocate Om Suryavanshi represented Brihanmumbai Municipal Corporation..[Read Order]