Supreme Court of India has dismissed an appeal seeking protection for an unauthorised gurudwara structure within Chhatrapati Shivaji Maharaj Joggers Park in Lokhandwala, Andheri West.
The apex court’s decision, delivered on May 22, 2025, upholds the Bombay High Court’s earlier directive mandating the demolition of the illegal structure. The appeal, filed by the Sanjha Chulha Guru Ka Langar Trust, was a response to the Bombay High Court’s May 2 order, which instructed the Brihanmumbai Municipal Corporation (BMC) to proceed with the demolition if the trust failed to act upon a prior notice. The High Court’s order was in response to a public interest litigation (PIL) filed by members of the Lokhandwala Joggers Park Association, who alleged that a security cabin within the park had been unlawfully converted into a religious structure, complete with a kitchen and storeroom.
The BMC had issued notices under Section 351 of the Mumbai Municipal Corporation Act to the concerned parties, including the Celebration Sports Club, Samarth Nagar Lokhandwala Punjabi Association, and the Sanjha Chulha Trust, requesting valid permissions and ownership documents. Following the trust’s failure to provide adequate documentation, the civic body passed a demolition order on May 29, 2024. The Supreme Court, in its ruling, stated, “We are not inclined to interfere with the impugned judgment and order passed by the High Court. The special leave petition is, accordingly, dismissed.” This decision underscores the judiciary’s commitment to upholding the rule of law and ensuring that public spaces are not encroached upon without due process.
The Lokhandwala Joggers Park Association, representing approximately 650 members, had raised concerns about the transformation of the security cabin into a permanent religious structure during the COVID-19 pandemic. They highlighted issues such as food waste being dumped in nearby mangroves and disturbances from loudspeakers, which disrupted the peaceful environment of the park. The BMC’s counsel had informed the High Court that parts of the structure were illegal and that the civic body would proceed with demolition if the trust failed to act. The court also directed the state to provide police protection during the demolition, if necessary, to ensure the process was carried out without hindrance.
The trust had argued that it had undertaken the construction with permission from the Maharashtra Housing and Area Development Authority (MHADA), but the housing body later filed a contradictory affidavit. The High Court clarified that if valid permissions existed, the trust could seek relief from the appropriate forum. However, a city civil court had already denied protection from demolition. This case highlights the importance of adhering to legal procedures and obtaining proper permissions before undertaking any construction, especially in public spaces. It also serves as a reminder of the judiciary’s role in balancing the rights of religious institutions with the need to maintain public order and the integrity of communal spaces.
The Supreme Court’s decision sets a precedent for similar cases in the future, emphasizing that unauthorized constructions, regardless of their purpose, will not be tolerated in public areas. It reinforces the principle that the rule of law must prevail to ensure equitable and sustainable urban development.
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