MUMBAI: The Bombay High Court on Wednesday stayed the Brihanmumbai Municipal Corporation’s (BMC) decision to take possession of the Young Men’s Christian Association’s (YMCA) gymnasium and akhada at the Willingdon Ground in Mumbai Central, granting the organisation interim protection from any adverse action.
A division bench of justices AS Gadkari and Kamal Khata passed the order while hearing a petition filed by YMCA, which stated that the civic body had “no powers” to take possession of the structures, as they were constructed by the organisation after the BMC itself had sanctioned the plans and issued an Intimation of Disapproval (IOD) and a Commencement Certificate (CC).
The dispute began on March 12, when the BMC issued a notice to the YMCA seeking an explanation for its possession of the building housing the gymnasium and akhada. The civic body also alleged that the gymnasium was not being properly maintained.
According to the petition, YMCA submitted its reply to the BMC on April 1. However, on July 21, the civic body informed the organisation that it would take possession of the premises, including the gymnasium and akhada, within seven days.
The YMCA claimed that the BMC had decided to take over the premises without giving it an opportunity to be heard and without complying with the principles of natural justice.
The organisation replied to BMC’s letter and submitted documents that it claimed proved its legal possession and ownership of the structures.
However, the BMC began the process to take over the structures and said it would be completed on or before August 12 with the help of the police, according to the petition.
Aggrieved by this, the YMCA moved the high court through advocate Joel Carlos, claiming that it has been in possession of Willingdon Ground, which houses the gymnasium and the akhada, since March 1928, when the BMC handed over the land to it.
“The structures as well as the land under the construction are in possession, occupation and use of the petitioners, for which they have been paying rents to the BMC. The petitioners are protected tenants, who cannot be evicted by the BMC’s communication,” the petition said.
The YMCA also relied on a structural audit report that classified the building as C2-B, indicating that repairs were required, while disputing the BMC’s allegations that the structure was not being properly maintained.
Accordingly, the YMCA sought quashing of the BMC’s communications dated March 12 and July 21 and also sought protection against any coercive action concerning the gymnasium and akhada.
