Mumbai: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to ensure demolition of the unauthorised gurudwara structure inside Chhatrapati Shivaji Maharaj Joggers Park in Lokhandwala, Andheri West, if the managing trust fails to act on the civic body’s demolition notice.
A public interest litigation (PIL) was filed by five residents, who are part of the 650-member Lokhandwala Joggers Park Association, seeking action against the illegal religious structure. The PIL alleged that the gurudwara was built by converting a security cabin into a religious structure, complete with a kitchen and storeroom, inside the park.
BMC counsel Milind Sathe informed a bench of Chief Justice Alok Aradhe and Justice MS Karnik that the civic body had issued notices under Section 351 and, after hearing the trust, passed a demolition order on May 29, 2024. “Parts of the structure are illegal. Prayer room remains. If they don’t demolish it in two weeks, we will demolish it,” Sathe said.
The HC accepted the BMC’s assurance and asked the State to provide police protection during the demolition if required. “We will pass a detailed order,” the court said.
On Friday, the trust's advocate submitted that they had undertaken the construction after permission from MHADA. However, he alleged that the housing body had filed a contrary affidavit before the court.
The bench emphasised: “If you don’t have permission, then it is illegal. It will have to be demolished.” On the court’s suggestion that if there was valid permission, the trust could approach the appropriate forum for relief, else Sathe clarified that a city civil court had refused protection from demolition.
According to the petitioners, the park was built by MHADA in 2003 and was handed over to Celebration Sports Club in 2013 for maintenance. During the COVID-19 pandemic, people associated with the club secretary began distributing food packets outside the park, later starting a langar inside. This, they allege, led to the unlawful conversion of the park’s security cabin into a gurudwara.
The plea also raised concerns about food waste being dumped on the nearby mangroves and disturbance caused by loudspeakers.
BMC had earlier issued notices to the Celebration Sports Club, Samarth Nagar Lokhandwala Punjabi Association, and Sanjha Chula Guru Ka Langar Trust, asking them to submit valid permissions and ownership documents.