Jain Mandir Demolition Update: Bombay High Court Orders BMC To Halt Destruction Of Temple In Vile Parle; Grants Interim Protection To Trust

Mumbai: The Bombay High Court ordered the Brihanmumbai Municipal Corporation (BMC) to stop further demolitions of the Jain temple in Vile Parle, following appeals from the Shree 1008 Digambar Jain Mandir Trust against the BMC's actions. Justice Gauri Godse provided ad-interim protection for the temple until the next hearing on April 30, emphasizing the appellants' right to a reasoned order and a hearing regarding their appeals.

The dispute arose from the BMC's demolition actions based on notices issued under the Maharashtra Regional and Town Planning Act and the Mumbai Municipal Corporation Act. A city civil court had previously dismissed the Trust’s interim protection applications but extended a stay for seven days that expired on April 15.

Urgency was noted as BMC officials and police were on-site for demolition. During the hearing, the court learned that part of the temple was demolished, but the main structure remained intact. The BMC was directed to file an affidavit and a demolition panchanama within two weeks.

The Court has ordered the Brihanmumbai Municipal Corporation (BMC) to halt any further demolition activities, ensuring ad-interim protection for the appellants until further notice. The status quo as of April 16 must be preserved until the next hearing scheduled for April 30. Senior Advocate Surel Shah, representing the Shree 1008 Digambar Jain Mandir Trust, and Advocate Drupad Patil, representing the BMC, were present during the proceedings.

The appeals are connected to notices under the Maharashtra Regional and Town Planning Act (MRTP Act) and the Mumbai Municipal Corporation Act (MMC Act). Although prior motions seeking protection were dismissed on April 7, the ad-interim protection that was in effect expired on April 15.

The Court acknowledged that the appellants have yet to receive a reasoned order on their applications, thus granting them the right to be heard in these appeals. The demolition was reportedly in its initial stages when the Court intervened.

The demolition of the structure has not been fully completed; only some parts of the outer structure are partially demolished while the main structure remains intact. Consequently, the appellants are granted interim protection, and the corporation is ordered to cease all further demolition activities until further notice from the court.

The corporation's counsel has agreed to promptly communicate with the relevant officer regarding the demolition status and will halt any ongoing construction. The court has allowed a brief recess for this discussion. Upon reconvening, the corporation's counsel confirmed that most of the structure has been demolished except for two walls, and their statement was accepted. The corporation is required to submit a necessary affidavit alongside supporting documents within two weeks. The status of the structure is to be maintained as is until the next hearing scheduled for April 30, 2025. The appeals may be amended to include a copy of the impugned order when available.