The Bombay High Court on Monday, dismissed a petition filed by a few devotees seeking directions to authorities for regularising temples of Shiva, Ganesha and Bhavani Mata, that are constructed illegally by encroaching on MIDC land, in Navi Mumbai.
A division bench of Justice Ranjit More and Justice Revati Mohite Dhere, dismissed the plea filed by one Shrish Veta and others, who wanted directions to regularise temples located at Trans Thane Creek area. The plea also sought that until the regularisation petition is considered and decided by the authorities, the court should restrain the corporation from taking any action of demolition.
The three temples were constructed by the Bavkhaleshwar Mandir Trust, by encroaching upon MIDC land. The issue of illegal temples was raised by activist Sandeep Thakhur in 2013, following which the High Court had ordered removal of illegal encroachment. The trust had then challenged the order in the Supreme Court, but the Apex Court refused to grant any relief.
Senior Advocate Anil Anturkar appearing for the petitioners, sought relief relying upon the provisions of the amended section 52A of the MRTP Act. He stated that the temples in question are required to be protected until the policy is framed by the MIDC and the State government. It was also told that the trust is willing to hand over the temples to MIDC.
The bench though relied on the recent judgment of the High Court which stood by section 52A of the MRTP act and held that, by exercising power under section 52A, unauthorised development which is contrary to the provisions of the Development Plans/Regional Plans under the MRTP Act and the Development Control Regulations framed under the MRTP, shall not be declared as a structure fit for regularisation.
Justice More said, "In this case, temples have been constructed by encroaching upon MIDC land. Not a single permission from the Planning Authority was taken under the MRTP Act, 1966, or under any other law. In these circumstances, the provisions of Section 52-A will not come to the rescue of the Petitioners."