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The Bombay High Court has given the green light for the demolition of a historic 150-year-old structure located on Malvani church land in Malad, Mumbai, to facilitate the expansion of a congested road. However, the court has raised significant concerns regarding compensation for the demolition and the possibility of relocating the structure within the property.
In a hearing presided over by Justices Gautam Patel and Kamal Khata, the court revisited a 2022 petition filed by the then parish priest and St. Anthony Church, situated on Marve Road. This petition challenged the notices issued by the P/North ward to acquire the land, which falls within the regular line of a public street. Senior advocate Anil Sakhare, representing the BMC (Brihanmumbai Municipal Corporation), presented plans indicating that the structure in question, known as Parochial House, stands in the middle of DP 2034 road line.
The judges acknowledged the congested nature of the road, emphasizing that unauthorized structures had already been removed, leaving only Parochial House. They also took into account the Mumbai Heritage Conservation Committee's perspective, which stated that "the structure is not of significant heritage value" and that there was no objection to removing it to widen the road up to the designated road line.
The church's advocate, Sean Wassoodew, expressed willingness to cooperate with the removal of Parochial House, provided that just compensation is offered. Wassoodew highlighted that the Parochial House, dating back to the 1870s, had never been an unauthorized structure. It has historical significance, housing old records and serving as accommodation for the first petitioner. However, the challenge extends beyond compensation.
The court raised concerns about the relocation of Parochial House within the property, as the church itself is considered a listed heritage structure. The dimensions of the Parochial House were also a point of contention, with BMC indicating it as 1,600 sq ft based on their records, while the church asserted it to be a 2,265 sq ft structure.
In light of these complexities, the judges called for "factual clarity" to be provided by September 12. This includes determining the actual area of the structure, the compensation to be paid, and the feasibility of relocating the new Parochial House to another part of the Church's property that remains unaffected by the road line.
This legal battle reflects the intricate balance between preserving historical structures and modernizing infrastructure to meet the growing demands of urban areas. While the Mumbai Heritage Conservation Committee did not assign significant heritage value to Parochial House, its historical and functional importance to the church community has brought the matter to the forefront of public and legal scrutiny. The forthcoming decision will likely consider these factors to arrive at a resolution that respects both historical preservation and the practical needs of urban development.
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