Bombay High Court has upheld the demolition notice issued by the city civic body for a temple structure in Vile Parle. The court, however, granted a temporary extension of the existing status quo, halting any further demolition activities for the next four weeks. The ruling came as the High Court dismissed an appeal by a religious trust managing a Jain temple against a lower court order permitting the Brihanmumbai Municipal Corporation (BMC) to carry forward its demolition drive. The bench ruled that the trust had failed to present a prima facie case and observed that the civic authorities had acted in accordance with provisions of the Maharashtra Regional and Town Planning (MRTP) Act.
The structure, which has largely been demolished save for a remaining wall, was earlier protected by an urgent stay granted by the court. However, the recent decision now legally empowers the civic body to proceed unless the petitioners approach a higher authority. Officials from the civic body defended their actions by citing long-standing legal proceedings dating back to 2005, when the first demolition notice was issued. That notice had subsequently withstood judicial scrutiny up to the Supreme Court level. In its latest affidavit, the BMC stated that multiple attempts were made to enforce the demolition, culminating in the current legal stance.
Legal experts note that the temporary reprieve granted to the trust was based on their undertaking to voluntarily remove a monsoon shed by October 31. This was a condition agreed upon with the civic administration during earlier proceedings in May. The court, therefore, ruled that an additional four-week status quo would remain, conditional on the fulfilment of this commitment. While the ruling does not completely settle the dispute, it represents a significant shift in favour of urban compliance and legal enforcement. The outcome underscores the court’s leaning towards upholding statutory urban planning rules over ad-hoc religious constructions that lack formal sanction.
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