The Bombay High Court has intervened to halt the demolition of a Digambar Jain temple located in Mumbai, following a petition by the temple trust challenging the Brihanmumbai Municipal Corporation's (BMC) actions. The temple, situated in Ghatkopar (East), was reportedly obstructing access to a building designated for free sale under a slum rehabilitation scheme. The BMC had initiated demolition proceedings, asserting that the temple's structure was unauthorized and impeded the project's progress.
During the proceedings, the court acknowledged the religious significance of the temple and the sentiments of the Jain community. However, it emphasized that religious sentiments cannot override the rule of law. The court noted that any reconstruction of the temple must adhere to sanctioned plans and be situated either at a designated spot within the premises or at a mutually agreed location, ensuring compliance with municipal regulations.
The developer involved in the rehabilitation project argued that accommodating the temple within the scheme was unfeasible. Nevertheless, the court maintained that any construction, including religious structures, must receive prior approval from the BMC. Justice Patel, presiding over the matter, stated unequivocally that unauthorized constructions, regardless of their religious nature, would not be permitted.
This case underscores the delicate balance between respecting religious practices and upholding urban planning laws. The court's decision to halt the demolition temporarily provides an opportunity for all parties to arrive at a solution that honors religious sentiments while ensuring adherence to legal and civic guidelines. The matter remains under judicial consideration, with further hearings anticipated to determine a conclusive resolution.
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