Religious trust, political party have no business to oppose building demolition: Bombay HC

MUMBAI: Bombay high court on Friday slammed a Christian religious trust and a political party saying they had no business to oppose demolition of a dilapidated building on Sion-Trombay Road in Chembur. It directed BMC to demolish the ground-plus four-storey building expeditiously, by July 19.
“Neither Christian Faith Centre (CFC) nor the local political party have any business to take law in their hands.Moreover they have no business to oppose, by using force, the execution of a lawful order made by BMC,” said Justices Mahesh Sonak and Kamal Khata.
CFC runs the Assembly of God Church on the ground floor of the building. Chembur Star View CHS moved HC to direct the municipal corporation to enforce its Oct 5, 2023 notice under Section 354 (Removal of structures, etc., which are in ruins or likely to fall) of the Mumbai Municipal Corporation Act and demolish the building. Its advocate said all occupants vacated except CFC, which gathered a mob when BMC came for demolition. The advocate further pointed out that CFC is a tenant and has no right on the premises. On Feb 15, HC had dismissed CFC’s petition against the BMC notice and classification of the building as C1 — dangerous and dilapidated — category.
The judges noted that on April 17, BMC’s advocate said action would be taken the next day. After they enquired about its status on July 1, BMC filed an affidavit. The judges said: “The affidavit and its contents make a sorry reading.” BMC said though it tried to execute the notice “such attempt was thwarted due to non-cooperation of police, coupled with strong resistance from CFC and local political party.”
The judges said Chunabhatti police were “duty bound” to provide proper protection and support to BMC for demolition. Referring to a letter dated April 27 written by Chunabhatti police senior inspector to BMC, the judges said: “Surprisingly, the senior police inspector calls upon BMC to obtain from [police] commissioner approval so that fresh force could be provided for demolition.” Also, the senior police inspector “should have appreciated that such inaction on his part was virtually obstructing” BMC from enforcing HC orders, they added.
Considering the April 27 communication, the judges directed Chunabhatti police to provide protection and support to BMC and complete formalities for grant of additional force. “Matters cannot be delayed by requiring the party or BMC to approach the [police] commissioner…,” they said, and disposed of the petition. The bench directed BMC to file a compliance report with photographs of the demolished building by July 26.