Mumbai, Dec 20: Noting the sweeping changes in and around the iconic Shri Mahalaxmi Temple in south Mumbai over the last several decades, the Bombay High Court has permitted amendments to the temple trust’s 1912 scheme, observing that while the trust must keep pace with changing times to cater to future needs of devotees, redevelopment cannot become a means of commercial exploitation.
Interim application allowed by Justice Jitendra Jain
Justice Jitendra Jain, on December 19, allowed an interim application filed by the trustees of Shri Mahalaxmi Temple Trust, seeking modification of the century-old scheme, which was last amended in 1976–77.
Trust highlights congestion and encroachment issues
The application filed by the temple trust’s chairman, Vijay N. Gupchup, through advocate S. M. Gorwadkar, highlighted the narrow entry/exit point to the temple, which has been encroached upon, causing significant inconvenience to devotees. It also sought to develop/redevelop the properties around the temple, including a rehabilitation scheme for slums in the temple’s vicinity.
Court finds proposed changes justified
After perusing the application, Justice Jain held that the proposed modifications were justified and did not dilute the object of the trust. The court observed that “much water has flown on all fronts” since the last amendment nearly five decades ago.
Safety concerns flagged due to rising footfall
Acknowledging the encroachment issue and the need for expansion, the court said, “The number of devotees coming to the temple has also increased exponentially and there is a severe space constraint and lack of basic convenience facilities. There are encroachments on both sides of the approach road to the temple, and this may come in the way of safety if any untoward incident happens in future.”
Transformation of surroundings noted
Highlighting the dramatic transformation of the area, the court remarked that the Arabian Sea, which was once touching the temple premises, has now been converted into the coastal road. “This indicates the speed of change around the temple and, therefore, the trust needs to keep itself updated,” it added.
Clear warning against commercial misuse
At the same time, the court issued a clear caution on redevelopment. It clarified that amendments permitting redevelopment of premises around the temple are “only with the objective of making the temple a better and safer place for the devotees” and should not be construed as allowing the trust to commercially exploit the property.
Charity commissioner’s suggestions accepted
Additional Government Pleader Himanshu Takke, representing the Charity Commissioner of Maharashtra, said that the charity commissioner had suggested some changes to the scheme submitted by the trust, and the same was accepted by the trustees.
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Court mandates financial transparency
The court also mandated greater financial transparency by requiring official physical or electronic receipts for offerings, except those placed directly before the deity or in donation boxes.
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