HC rejects city Jain temple trust petition against demolition order
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However, the HC extended its status quo on further demolition of the structure to 4 weeks, reports Swati Deshpande.
Denying relief against the demolition notice from BMC, Justice Gauri Godse, hearing the appeal filed by Shree 1008 Digambar Jain Mandir Trust and others, said neither the city civil court order nor the civic action could be faulted. Only a wall stands on the property after the demolitions.
However, after hearing senior counsel Surel Shah and advocate Nidhi Chheda for the temple trust and Drupad Patil for BMC, the HC extended the status quo for four weeks.
Bombay high court has dismissed a challenge by a Jain mandir trust against a civil court order on demolition of the temple structure, although it extended its status quo on further razing by four weeks. On April 7, the city civil court had granted a stay on the demolition for a week. On April 16, the HC had also passed an urgent status quo order staying further demolition.
The latest extension of the status quo is, however, subject to an undertaking given by the Trust to BMC to remove a temporary monsoon shed by Oct 31, 2025.
BMC had issued a demolition notice in Dec 2024, which the Trust challenged. The HC said the civic notice could not be faulted as an earlier challenge to a notice first issued in 2005 had travelled all the way to the Supreme Court, and the notice was confirmed.
Justice Godse, dictating the order, said, "In the absence of any prima facie case made out by the plaintiff (the temple trust), the impugned order passed by the city civil court cannot be faulted."
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She added that BMC had made repeated attempts to implement the notice under the MRTP (Maharashtra Regional and Town Planning) Act, as stated in its affidavit. "I don't see any illegality or perversity in the order; hence, the appeal is dismissed.
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After the dismissal, Shah sought an extension of the status quo order. On May 14, the high court had permitted the Trust to file an application before BMC for permission to construct a shed for the monsoon.
BMC's counsel Patil informed HC on Tuesday that the civic body, on such a plea, permitted a temporary shed with the condition that it must be removed by Oct 31. The HC said that based on the same condition, the status quo stands extended by four weeks.
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