Mumbai: The Maharashtra government informed the Bombay High Court on Wednesday that it has taken actual possession of the Wilson College Gymkhana plot, situated at Marine Drive. However, the claim was disputed by the United Church of North Indian Trust Association (UCNITA), which manages Wilson. The HC is hearing a plea by UCNITA seeking continuance of the lease of the college gymkhana, which has expired. It is seeking to reacquire the over-110-year-old gymkhana. During the hearing on Wednesday, Advocate General Birendra Saraf informed Justice Amit Borkar that the state has taken possession of the property.
“According to the learned advocate general, actual possession of the property has been taken. This fact is disputed by the petitioner,” Justice Borkar noted in the order. In view of the contrasting claims, the HC asked the state and the petitioner to “state necessary facts in their affidavit”. On the last hearing, the HC had asked UCNITA to show provisions under which it was seeking continuance of the lease. The court also pointed out the show cause notice issued by the authorities and also that it provides detailed reasoning for not continuing the lease.
HC has kept the matter for hearing on April 24
The judge asked the petitioner to show if it had submitted any proposal for renewal of the lease. The petitioner’s counsels, Prasad Dhakephalkar Atul Damale and Saket Mone, told the court they wish to file an affidavit indicating facts which constitute their status as tenant holding over under Section 116 of the Transfer of Property Act, 1882 based on policy decision of the government dated June 23, 2017. Also, they wish to place on record the facts that constitute renewal of lease. The HC has asked the petitioner to file their affidavit within a week and the state has been asked to file an affidavit a week thereafter.
The HC has kept the matter for hearing on April 24. The district collector, in the December 2023 order, had decided to take over the gymkhana land citing mismanagement and violation of lease rules. It was upheld by the Maharashtra Revenue Tribunal by an order dated December 5, 2023. The petition has sought quashing of the tribunal’s order contending that they were not given a hearing before the passing of the order. The court had earlier clarified that it will decide later whether to allow the intervention application filed by the Wilson College Alumni Association. Recently, the government decided to lease 1 lakh square feet of the land to Jain International Organisation to build a gymkhana. The college has also announced the appointment of a committee to enquire into the circumstances that led to the loss of its gymkhana.
