Demolish Kandivli Jain temple if there’s no stay

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Mumbai (Maharashtra), March 20, 2012: The Bombay high court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to demolish an illegal Jain temple at Kandivli (W) within a week, provided the temple authorities do not get a stay on the demolition proceedings from a lower court.

A division bench comprising justice PB Majmudar and justice RD Dhanuka gave the directions to the BMC while hearing a petition, filed by three residents of Sai Baugh Estate of Kandivli (E), seeking demolition of the Jain temple and a prayer hall attached to it on the grounds that they obstructed movement and posed health problems.

The assistant ward officer of R/S ward, in his affidavit submitted to court, had admitted that the structure was illegal. He even passed an order on February 29, which stated, “If the structure is not demolished by Rajanikant Shah (owner of the plot) within 15 days, the respondent will proceed as per law.”

After the petitioners’ advocate had earlier said in court that the temple near the Sai Baug Estate is unauthorised, the court had said that such illegal structures are being used to make money.

The court, though, was informed by Shah’s counsel that the notice under section 351 for demolition has been challenged before the city civil court and an application has also been moved seeking an injunction on the proceedings. The HC, therefore, directed the BMC to act as per law.Their petition, filed by Rajesh Surve, Shevanti Rahate and Madhukar Desai, states that the response to an RTI application had revealed that the civic body had neither sanctioned any plan for the Jain temple nor had it granted permission to build a hall on the same premises.

Sai Baug Estate residents have alleged that illegal constructions have been causing water-logging during the monsoon and have ruined the drainage system of the multi-storeyed chawls. -News Courtesy: DNA India

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Post Author: JHC