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Mumbai: BMC on Tuesday told Bombay HC that it is yet to take action against an unauthorised gurdwara constructed inside a public park in Lokhandwala Complex, Andheri West. “Nobody has a right to encroach upon public space,” said Chief Justice Alok Aradhe and Justice Bharati Dangre while hearing a petition by five members of Lokhandwala Joggers Park Association that sought demolition of the unauthorised gurdwara and other structures inside Chhatrapati Shivaji Maharaj Joggers Park.
The petition said the park was built in 2003 by Mhada. Since Jan 2013, Celebration Sports Club has maintained it. During the pandemic, some of its members distributed food packets and water outside the park. After the park reopened, they began serving langar inside. Thereafter, they “unlawfully” converted a security cabin into a religious structure and set up a kitchen and storeroom. Throughout the day, prayers and bhajans are broadcast on loudspeakers, causing inconvenience to walkers and joggers, according to the petition. Despite complaints, BMC did not act.
On May 9, 2024, HC directed BMC to take its Jan 23 notice to the gurdwara to submit proof of permissions, among others, to its logical end. In its reply, BMC said on May 16, 2024, a show-cause notice for demolition was issued to the gurdwara. After getting a reply, on May 29, 2024, the structures were held to be illegal. The city civil court refused to stay the demolition. “After following due procedure, the notice structures, except one structure, which has been converted into a religious place” were demolished on June 24, 2024.
BMC said during its inspection on Jan 7 this year, “it was noticed that the structure has not been removed and is being used for religious activities”. From the club’s reply, it learnt that the religious structure was constructed under ‘Development and Beautification of Jogger’s Track’, which is done by the Mumbai Slum Improvement Board, Mhada, through MP local area development scheme fund and District Planning and Development Council fund in 2003-04. Therefore, BMC “will call for a clarification from Mhada authority and will take further necessary action in accordance with the law”.
The association’s advocates, Subhash Jha and Raveena Yadav, said there is partial compliance by BMC and the “main structure (gurdwara) is not demolished.” The judges then observed that nobody has a right to encroach upon public space. Also, “you (BMC) are required to do your statutory duty.” “We are interested in a solution,” the CJ said. The PIL was adjourned to Feb 18.
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