Bombay HC Grants Interim Protection Against Demolition At Mulund Sports Complex, Pulls Up BMC Over Due Process
The Bombay High Court has granted interim protection to a company operating parts of Mulund’s Kalidas Sports Complex after the BMC allegedly began demolition without issuing notice. The court observed that the civic body cannot take the law into its own hands and stayed further action until June 23.
The Bombay High Court has stayed further demolition at the Mulund sports complex and directed the BMC to follow due process before taking action | File Photo
Mumbai, May 26: The Bombay High Court has granted interim protection to a private company operating parts of the Kalidas Sports Complex/Priyadarshini Indira Gandhi Sports Complex in Mulund after the Brihanmumbai Municipal Corporation (BMC) allegedly began demolition work without issuing prior notice. The court noted that the civic body had not issued any notice to the petitioner and that it “cannot take law in its own hands”.
Petition challenges civic action
The vacation bench of the High Court was hearing a petition filed by Dhanraj Hospitality & Services Pvt Ltd against the BMC and other respondents. The company sought directions restraining the civic body from carrying out demolition, sealing or any coercive action at the premises.
According to the petition, the company was awarded the contract in 2021 through a public tender floated by a trust formed by the BMC for operating and modernising designated areas of the Kalidas Sports Complex and Priyadarshini Indira Gandhi Sports Complex. The petitioner claimed it invested heavily in structural repairs, beautification and landscaping work at the site.
Company alleges demolition without notice
The company alleged that demolition activities began on May 16 without any valid notice or opportunity for a hearing. It further claimed that the action was politically motivated following allegations of a “Rs 100 crore scam” linked to the operation of the premises.
Senior advocate Venkatesh Dhond, appearing for the petitioner, argued that the structures were erected as per sanctioned building plans and that the civic action was carried out “without following due process of law”.
BMC defends action
On the other hand, senior advocate Girish Godbole, representing the BMC, told the court that the corporation had only removed an “illegally put” decorative façade and had not touched any sanctioned structure. He also submitted that the badminton hall was allegedly being used as a marriage hall.
Court stresses due process
Justice Sandesh Patil observed that no notice had been issued to the petitioner before the action was initiated.
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“The Corporation definitely cannot take law into its own hands,” the court said while directing the civic body to inspect the property and follow due process if any illegal structure is found.
Demolition stayed till next hearing
The court granted ad-interim relief and stayed further demolition action until the next hearing on June 23.
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