Vile Parle Jain temple trust cites BMC law dept's 2013 note against demolition
Mumbai: Citing an Aug 2013 legal opinion from the BMC's law department, the Jain temple trust at Vile Parle argued the structure was authenticated and existed prior to 1961- 62, as per the City Survey Plan.
"Therefore, the structure, verified as pre-1961–62, cannot be demolished. The liberty granted by the Hon'ble Court to the MCGM is limited to adjudicating the notice under Section 53(4) of the MR&TP Act for the purpose of regularisation," stated the 2013 BMC document. Anil Shah of Shree 1008 Parshwanath Digambar Jain Mandir's trust said the BMC cannot differ in its opinion then and now. "The BMC's own note from 2013 says the structure cannot be demolished, yet it acts against this. We stand by our decision that we will continue our worship in this very same place and since Sunday have also begun the same. We want the structure to be constructed back again," said Shah.
BMC officials, though, maintained the structure was unauthorised and the matter was challenged in court several times. An official said the demolition was scheduled for April 16, and this was recorded in the court roznama dated April 15. "While the directive to maintain a status quo in the case came at 11.45am on April 16, by then a major portion of the demolition was already done," said a civic official.
"The structure under reference was required to be demolished as per the condition mentioned in the IOD (intimation of disapproval) letter dated Aug 21, 1974. As per the undertaking submitted by the owner of Shah Doshi & Company to the municipal commissioner on Jan 22, 1974. Since the structure under reference was not demolished, the notice under Section 53(1) of MRTP Act was first issued on Feb 4, 2005, by the building proposal department. However, whom the notice was served to, did not demolish the structure but increased the floor carpet area and started using it for temple and devotee accommodation. The matter has been in court since," said a civic official.
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