The Free Press Journal

‘Remove illegal add-ons from leased defence plot’

- Manoj Ramakrishn­an

In the dispute between the Church of North India (CNI) and the defence department over CNI headquarte­rs near the Bombay Gymkhana, the Bombay High Court (HC) has asked the church trust to remove illegal additions before July 4.

The court is hearing an appeal filed by the trust against the City Civil And Sessions Court’s dismissal of its applicatio­n against an eviction order by the Defence Estate Officer.

Meanwhile, St. Thomas Cathedral and another trust have filed interventi­on applicatio­ns, claiming to be the holders of land’s lease. The cathedral trustees were concerned that the order of the estate office indicated their eviction. The HC has not given its orders on the claims but has looked at the illegal structures in the latest order.

The building, occupied by the Bombay Diocesan Trust Associatio­n (BDTA), and the Bombay Diocesan Council – the organisati­ons that administer CNI properties – has been claimed by the Ministry of Defence, which had leased the land in the 1950s. In April 2022, the Defence Estate Office, Colaba, passed an order evicting the trust.

The land was leased out for religious purposes, but there are accusation­s that the lease terms were violated as the trust had rented it out for non-religious use to another party. There are also allegation­s that the trust added unauthoris­ed structures without the permission of the defence authoritie­s.

The court said that without going into the dispute over who the lessee is, “the estate officer is authorised to ensure demolition (of illegal structures) with the assistance of the BMC”. It added that the occupants cannot claim any right to retain (the structures) as these constructi­ons have been held to be illegal. The court said that as the cost of demolition is not yet ascertaine­d, the petitioner­s and one respondent should deposit Rs5 lakh each. Reacting to the court order, a BDTA trustee, James Baker, said, “It’s a sub judice matter; the BDTA will follow the court directions.”

The dispute over the rightful holder of the lease has arisen because there are several parallel bodies, each claiming to be the authorised custodians of CNI properties. The CNI is a Protestant denominati­on and the Indian counterpar­t of the Anglican Church. The St. Thomas Cathedral and another trust have also claimed to be the leaseholde­r.

The charity commission­er is hearing claims by multiple groups of CNI members, each claiming to be the authorised custodian trusts. Responding to the claims by other groups that have claimed to be the leaseholde­r, Baker said, “Change reports are being contested in the charity office.” Change reports are filed when a new set of trustees are appointed to a body. The charity commission­er’s approval is needed for the recognitio­n of a trust.

 ?? ??

Newspapers in English

Newspapers from India