The Bombay High Court on Wednesday stayed, until further orders, the Brihanmumbai Municipal Corporation’s (BMC) move to take possession of YMCA’s gymnasium and Willingdon playground, now known as Abdul Rehman Sufi Maidan or Jhoola Maidan, at Agripada area in Mumbai Central.
The takeover was stayed after the Bombay Young Men’s Christian Association (YMCA), represented by advocate Joel Carlos, approached the Bombay High Court, challenging BMC’s notice to it, alleging ‘improper maintenance’ of the YMCA gymnasium and playground in Mumbai Central. The notice also threatened takeover of the properties by August 12.
During the hearing before a bench of Justices Ajey S Gadkari and Kamal R Khata, YMCA argued that the BMC had no powers to take over the possession of the gymnasium and Akhada, which were constructed and owned by the petitioner association after due approvals, including a Commencement Certificate (CC) from the civic body.
Advocate Carlos argued that the petitioner has been paying rent to the BMC for several years, with the ground being in its possession since 1928. Therefore, he argued, the petitioner association was a protected tenant and cannot be evicted.
The plea also denied BMC’s allegation on the condition of the gymnasium as “false”, arguing that the charges were made without a visit to the site. It has also alleged that YMCA was not granted any hearing opportunity before the notice was sent to it.
After the arguments, the bench questioned the BMC if the notice was at the behest of some influential person or politician. As the BMC sought time to file its reply, the High Court granted an interim relief to the petitioner and stayed the takeover move by the civic body.
