Mumbai: Defence Ministry Moves To Reclaim Church Property In Fort After Alleged Non-Religious Use

The Ministry of Defence is preparing to take possession of a prime Fort property occupied by the Bombay Diocesan Trust Association after the Bombay High Court upheld eviction orders issued by the Defence Estates Office. Authorities alleged the premises leased for religious use were commercially exploited in violation of lease conditions.

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Manoj Ramakrishnan Updated: Friday, May 08, 2026, 09:36 PM IST
The Defence Estates Office has issued eviction notices for a disputed Fort property following court rulings in its favour | File Photo

The Defence Estates Office has issued eviction notices for a disputed Fort property following court rulings in its favour | File Photo

Mumbai, May 8: The Ministry of Defence is preparing to take possession of a prime property in south Mumbai currently occupied by the Bombay Diocesan Trust Association (BDTA), an administrative body of the Church of North India (CNI), and several alleged unauthorised occupants, following a series of court rulings in favour of the Defence Estates Office.

Defence Estates Office issues eviction notice

The Defence Estate Officer (DEO), Mumbai Circle, through a notice dated April 20, 2026, directed the BDTA and 10 other occupants at Hazarimal Somani Marg in Fort to vacate the premises within 15 days of receipt of the notice.

Property allegedly used for commercial purposes

The dispute pertains to a property that had been leased in perpetuity to the BDTA for ecclesiastical purposes. However, the Defence Estates Office alleged that the premises were being commercially exploited in violation of the terms and conditions of the lease agreement.

City Civil Court upheld eviction order

The DEO had earlier passed an eviction order on April 5, 2022, under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The BDTA subsequently challenged the order before the Mumbai City Civil and Sessions Court. On May 7, 2024, the court dismissed the appeals and upheld the order issued by the Defence Estate Officer.

Bombay High Court dismisses BDTA petitions

The matter was later taken to the Bombay High Court through writ petitions filed by the BDTA. In a judgment delivered on April 1, 2026, in Writ Petition No. 8442 of 2024, the High Court dismissed the petitions and upheld both the DEO’s order and the ruling of the City Civil Court, granting no relief to the trust.

Occupants asked to vacate Fort premises

Following the High Court verdict, the Bombay Diocesan Trust Association Pvt Ltd issued notices dated April 28, 2026, to occupants of the Fort premises, instructing them to vacate the property peacefully in compliance with the court directions and the orders of the Defence Estates Officer.

The DEO has warned that failure to vacate the premises voluntarily may lead to forcible eviction proceedings with police assistance, with all related expenses to be recovered from the occupants.

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Community members react to court ruling

James Baker, treasurer, BDTA, said that a compliance report of the High Court order has been submitted to the DEO.

Advocate Cyril Dara of the Christian Reform United People Association described the High Court judgment as significant for the Christian community, as the community has lost a colonial-era property that was given by the government for religious purposes.

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Published on: Friday, May 08, 2026, 09:36 PM IST

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