Despite court order, BMC fails to demolish illegal Mahadev temple

Despite a Bombay High Court ruling, the Brihanmumbai Municipal Corporation (BMC) has failed to demolish an illegal temple in Tardeo. The demolition of the Mahadev temple, located on Tardeo Road, has been postponed three times in the last couple of months. The latest day fixed was Tuesday but it was pushed ahead yet again.

According to Pratibha Shah, who owns the plot on which the temple stands, the BMC is avoiding action in the case since local BJP legislator Mangal Prabhat Lodha is backing the temple trust. Lodha has also spent his local area development fund to spruce up the area around the temple.

"The temple was just a small 150 sq ft room a few years ago. Now it is a massive 1,200 sq ft structure. We have been fighting a legal battle since 2012. Despite a court order, the BMC hasn't taken any action. They have postponed the demolition three times, giving one reason or the other," said Shah, who heads Ms Tardeo Properties.

She added that BMC's D ward officials were supposed to bring down the temple on Tuesday. "A police team of nearly 900 men had been deployed. But they had to be sent back when the BMC backed out. This is just a delaying tactic and amounts to contempt of court. The BMC is under pressure of the temple trust and legislator Lodha," Shah alleged.

The temple is managed by the Ishawati trust, which claims that the structure has been in existence since the 1960s. The trust has also approached the state's urban development (UD) department, asking it to regularise the building. Ranjit Patil, Minister of State (MoS) for UD, will meet the trust members on Wednesday. Patil had written to the BMC, asking it to go through the plans submitted by the trust and stop the demolition. When the court objected, however, the letter was withdrawn.

"We have proof that the temple was there prior to 1960 and so it must be regularised. We have a meeting with the UD department officials on Wednesday and we will give them all the papers," said Sachin Shelar, office-bearer of the Ishawati trust.

When contacted, Lodha said all allegations were bogus. "I will keep the fight to save the temple alive. The temple is over 100 years old and revered in the area. Residents' sentiments are attached to it. Let the UD department hear the trust out and then decide," he said.

Meanwhile, BMC officials said they had already issued notices under the Maharashtra Region and Town Planning (MRTP) Act. "We have issued notices under the MRTP Act to the trustees. The demolition could not happen since we could not get police protection earlier. Now the matter is pending before the UD department. Once we get directions from the UD department, we will take action," said a senior civic official.

Tardeo police, on the other hand, said they had provided protection to the BMC. "We were held up with other law and order issues. Last month, we could not give protection due to the festive season. We had, however, deployed enough people on Tuesday. The BMC informed us that the demolition had been postponed due to a hearing in the UD department," said a police official.

Shah said she has met BMC chief Ajoy Mehta as well, urging him to fast track the demolition. "We met the municipal commissioner in this regard. He said the BMC will take the requisite action. This is nothing but harassment of a law-abiding citizen. The UD department has no jurisdiction in the matter, since the High Court has already passed an order," she said.