No illegal structure will be tolerated in name of religion: Bombay HC

Justice Patel directed BMC to submit a compliance report and posted the matter for further hearing next week. (File)

While directing the BMC to demolish a temple at a Ghatkopar housing society if it was found illegal, the Bombay High Court on Thursday said “no illegal structure will be tolerated in the name of religion even for a minute”.

A single-judge bench of Justice Gautam Patel was hearing a plea filed by developer Savla Associates, who had redeveloped a slum under a slum rehabilitation scheme in Ghatkopar (East).

Seeking the appointment of an arbitrator, the builder has submitted before the court that after the slum rehabilitation project was completed, the original dwellers decided to make permanent a structure for a temple that existed at the slum. The temple, however, was blocking the entry and exit points of a building demarcated for free sale, it said.

The court on Thursday said that in case of any illegality, the temple will be constructed by the developer as per sanctioned plans at a premise spot marked for it or at a mutually acceptable place on the society premises of the slum rehabilitation project on Janta Society Marg, Ghatkopar (East).

Advocate Rama Subramaniam, appearing for the developer, argued that the temple could not be accommodated under the rehabilitation scheme. The court was also told that the developer had offered to construct a new temple after demolition of the existing structure and that BMC had sanctioned plans for the same.

Maintaining that there will be no such construction without BMC’s permission, Justice Patel said: “Will not permit the housing society to put up the temple illegally.”

At the last hearing on Monday, Justice Patel had said, “I am making it clear that it is going to be no answer in this court to say that the religious sentiments of this or that particular group are affected. Religion is no excuse for an illegality (if indeed there is one).”

Justice Patel directed BMC to submit a compliance report and posted the matter for further hearing next week.