Bombay HC Dismisses Vile Parle Digambar Jain Temple Trust's Appeal Against Demolition, Directs BMC To Clear Debris And Recover Costs

Mumbai: The Bombay High Court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC) to remove debris from the site of a Jain temple in Vile Parle that was demolished by the civic body on April 16. The 90-year-old 1008 Parshvanath Digambar Jain Temple located in Vile Parle’s Kambliwadi was razed following a city civil court order, which was later upheld by the High Court.

On Tuesday, the High Court dismissed the trust’s appeal challenging the civil court’s decision, thereby paving the way for the demolition. However, it extended the status quo on any further demolition for four weeks, subject to conditions.

Justice Gauri Godse, while denying relief to the Trust, noted that both the civil court’s order and the BMC’s action were legally sound. “In the absence of any prima facie case made out by the plaintiff (the temple trust), the impugned order passed by the city civil court cannot be faulted,” Justice Godse said.

She added: “I don’t see any illegality or perversity in the order; hence, the appeal is dismissed.” The judge also noted that only a wall remains at the site post-demolition.

The BMC had first issued a demolition notice in 2022, which was eventually upheld by the Supreme Court. The latest notice, issued in December 2024, was again challenged by the temple trust. The BMC told the court that it had repeatedly tried to act on the notice under the Maharashtra Regional and Town Planning (MRTP) Act.

The HC had earlier stayed further demolition on April 16, a day after the civic body carried out the demolition, despite a one-week oral stay granted by the city civil court on April 7 to allow the trust to approach the high court.

Following Tuesday’s dismissal, the Trust sought an extension of the status quo, which the court granted for four more weeks, subject to the removal of a temporary monsoon shed by October 31, 2025. The BMC had permitted the shed’s construction on the Trust’s request filed on May 14.

The court also disposed of a contempt petition filed by a housing society, which alleged breach of the status quo and hardship due to leftover debris. The BMC agreed to remove the debris and recover the cost, though the trust denied liability. The court accepted the BMC’s statement and disposed of the matter.