‘Remove illegal add-ons from leased defence plot’
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.