14-05-2025
Bombay HC asks Vile Parle Jain temple Trust to approach BMC authorities for ‘temporary shed'
The Bombay High Court on Wednesday asked the Trust which runs Digambar Jain temple in Vile Parle to approach the Brihanmumbai Municipal Corporation (BMC) authorities with an application seeking to put a temporary shed over the structure due to ensuing monsoon.
The BMC had on April 16 morning demolished most of the temple structure, which led to outrage and protests among members of the Jain community. The BMC on the same day had told the HC that except for two walls measuring 15 feet and 7 feet in length and 10 feet in height, the remaining suit structure had been razed.
The HC had recorded the BMC's statement and had ordered that till further orders 'status quo in respect of the suit structure as of now shall be maintained.'
On Wednesday, a vacation bench of HC of Justice Arif S Doctor was hearing an interim application by Shree 1008 Digambar Jain Mandir Trust. The Trust sought an interim relief to put a temporary shed over the structure in question citing upcoming monsoon.
However, the lawyer representing respondent housing society submitted that the said relief cannot be granted as the status quo order was in place and after the idols were handed over as recorded in Police Panchnama, the Trust brought them back to the structure, which was contrary to the HC order.
The Trust could have approached the regular court which on April 16 passed the status quo order, the lawyer argued.
The bench directed the applicant Trust to approach the BMC authority concerned and asked the respondent to raise their grievances against the same before the said authority.
'In my view, if the applicant is desirous of carrying out any construction on the said plot in question, let an appropriate application be filed before the municipal authorities, who shall consider the same,' the HC noted.
Earlier, on April 7, the city civil court had rejected the Trust's plea against demolition action but had granted interim protection for seven days for it to approach the HC. On April 15, the city civil court rejected Trust's application seeking to extend the interim protection from demolition. It had said that due to court holidays between April 10 and 14, it could not file an appeal in HC.
On April 16 morning, the BMC initiated demolition action. The Trust sought urgent hearing before a bench of Justice Gauri V Godse, which ordered stopping of action, but was informed that most of the structure had already been demolished. The HC had then ordered status quo at the said structure, which was further extended till June 27.
