Bombay HC has stayed BMC notices to acquire land from a Vile Parle church for a proposed road, noting that the church holds legitimate ownership

MUMBAI: Bombay high court recently stayed BMC notices to a church in Vile Parle (W) to acquire its land for a proposed road after observing BMC and the state were stringing out a legitimate land owner, reports Rosy Sequeira.
Justices Ajay Gadkari and Kamal Khata restrained BMC through temporary injunction from “interfering with possession”.
They pointed out the state, including BMC, come up with schemes for the benefit of trespassers and squatters, but “in the present case, though the land and structure is legally acquired and constructed, BMC has adopted a different approach”.
They noted the church’s papers showed BMC at some point offered suitable alternative land and later rescinded.
BMC offered another land but made U-turn
The Pentecostal Mission Society in Vile Parle (W) had in 2023 filed a petition challenging notices issued to it in April 2019, under the BMC Act for acquiring a part of its land along with nearly 60% of the church for constructing a planned road.
On the Society’s May 2023 representation, the then chief minister directed the BMC commissioner to examine the shifting of the alignment of the road and submit a proposal. On a second representation in August 2023, the CM directed the principal secretary, Urban Development Department, to submit a proposal. As BMC did not submit a proposal, HC had rapped BMC for disregarding the CM’s directions. In Feb, HC was told BMC will take action against officers responsible.
Justices Ajay Gadkari and Kamal Khata on March 11 restrained BMC by way of temporary injunction from “disturbing, obstructing or interfering with the possession of the petitioner in respect of the church situated on the plot admeasuring 418 sq m…”
The Society’s advocate, Shriram Kulkarni, said BMC had offered the adjoining land and his clients had expressed willingness to accept it. However, later BMC said there is no provision in law allowing swapping of land.
The judges noted that the Society had legally acquired the land under the church. They noted that the correspondence annexed to the petition “clearly indicates that at some point of time,” BMC offered the Society “suitable alternate land for prayer hall, which was subsequently not adhered to.”
“It is not out of the way to take a judicial note of the fact that state, including the BMC, has come up with various schemes for the benefit of rank trespassers and squatters for their rehabilitation. However, in the present case, though the land and structure is legally acquired… BMC has adopted a different approach,” the judges said and granted the Society twin interim reliefs.