MUMBAI: Decks have been cleared for widening of the congested Marve road at Malad (W) with the Bombay high court on Monday directing removal of a 150 year old structure on Malvani church land after BMC pays Rs 4.3 crore compensation.
“Accordingly the MCGM will pay the amount to the petitioners within four weeks from today…The structure can be removed after compensation has been paid to the petitioners,” said Justices Gautam Patel and Kamal Khata. According to BMC, the 1872 built Parochial House or Father’s Bungalow is the only structure remaining to be demolished for road widening from the fire station to T junction.
The petition, filed in 2021, by the then parish priest Fr Agnelo Fernandes and St Anthony Church had challenged BMC’s notices to acquire the land falling within the regular line of public street. In September 2023 the judges noted that in November 2020 Mumbai Heritage Conservation Committee opined that “the structure is not of significant heritage value” and did not object to its removal. The church’s advocates Sean Wassoodew and Vijaya Ingale had said compensation must be offered as Parochial House is not and was never an unauthorised structure. On December 15 the judges refused to permit removal of the structure after senior advocate Anil Sakhare, for BMC, said it will apply a November 2021 policy to cap compensation to 120 sq m only. BMC had offered “Rs 1.62 crore.” Sakhare said the structure occupies 209 sq m area. The church’s advocates said BMC’s initial survey showed it is 410sq m.
On Monday, Sakhare submitted BMC’s reply in which it stated that compensation was revised to “Rs 4.34 crore” and on January 5 sanction was obtained from the municipal commissioner “wherein no cap has been considered contrary to the present policy circular.” Sakhare said the commissioner has given a special one-time sanction in his discretionary power.
The judges noted Wassoodew’s statement that the compensation is accepted without prejudice to its rights to adopt appropriate proceedings to claim higher compensation. They added that in those proceedings, BMC will be entitled to urge that “as an exceptional case and in exercise of discretion, additional compensation has been given to the petitioner on the basis that it is a religious institution.” As the church has applied to the building proposals (western suburbs) department, for relocation (to another part of Church property)/reconstruction of Parochial House, the judges directed BMC to process that application expeditiously.
“Accordingly the MCGM will pay the amount to the petitioners within four weeks from today…The structure can be removed after compensation has been paid to the petitioners,” said Justices Gautam Patel and Kamal Khata. According to BMC, the 1872 built Parochial House or Father’s Bungalow is the only structure remaining to be demolished for road widening from the fire station to T junction.
The petition, filed in 2021, by the then parish priest Fr Agnelo Fernandes and St Anthony Church had challenged BMC’s notices to acquire the land falling within the regular line of public street. In September 2023 the judges noted that in November 2020 Mumbai Heritage Conservation Committee opined that “the structure is not of significant heritage value” and did not object to its removal. The church’s advocates Sean Wassoodew and Vijaya Ingale had said compensation must be offered as Parochial House is not and was never an unauthorised structure. On December 15 the judges refused to permit removal of the structure after senior advocate Anil Sakhare, for BMC, said it will apply a November 2021 policy to cap compensation to 120 sq m only. BMC had offered “Rs 1.62 crore.” Sakhare said the structure occupies 209 sq m area. The church’s advocates said BMC’s initial survey showed it is 410sq m.
On Monday, Sakhare submitted BMC’s reply in which it stated that compensation was revised to “Rs 4.34 crore” and on January 5 sanction was obtained from the municipal commissioner “wherein no cap has been considered contrary to the present policy circular.” Sakhare said the commissioner has given a special one-time sanction in his discretionary power.
The judges noted Wassoodew’s statement that the compensation is accepted without prejudice to its rights to adopt appropriate proceedings to claim higher compensation. They added that in those proceedings, BMC will be entitled to urge that “as an exceptional case and in exercise of discretion, additional compensation has been given to the petitioner on the basis that it is a religious institution.” As the church has applied to the building proposals (western suburbs) department, for relocation (to another part of Church property)/reconstruction of Parochial House, the judges directed BMC to process that application expeditiously.