The Bombay High Court has granted interim relief to a three-storey school building in Govandi by temporarily staying its demolition by the Brihanmumbai Municipal Corporation (BMC). However, civic officials said one floor of the structure had already been demolished before the court’s order was communicated to the demolition team.
A division bench comprising Justices Makarand Karnik and Shriram Modak on Tuesday directed the BMC not to carry out any further demolition until the next hearing scheduled for July 20.
The petition was filed by the Scholar Education Trust, which operates Tehzeeb Islamic English School in Govandi. According to the trust, the school provides primary education to nearly 600 students, many of whom come from economically weaker sections living in nearby slum areas.
The dispute arose after the BMC issued an order on July 7 declaring the building unauthorised and directing its demolition under the Maharashtra Slum Areas Act. On Tuesday morning, as demolition squads arrived at the site with heavy machinery, the trust approached the High Court seeking urgent intervention.
In its petition, the trust alleged that “driven by selective political vendetta, the state machinery is pulling down the educational facility in peak monsoon season” in violation of the 15-day protection window mandated by the Supreme Court and the state’s monsoon moratorium guidelines.
Representing the trust, advocate Madhavi Aiyappan informed the court that an appeal had been filed before the Additional Collector (Suburbs) on July 9, along with an application seeking a stay on the demolition. However, the appeal had not yet been heard.
Taking note of the circumstances, the bench observed, “In such a view of the matter, we have no other alternative but to grant limited protection to the petitioner.” The court also instructed the BMC’s counsel “to immediately communicate the order to the officers of the demolition squad who, according to the petitioner, are at the site”.
Following the proceedings, the BMC informed the court that one floor of the building had already been demolished before the stay order reached officials on site.
According to civic authorities, M-East Ward, which includes Govandi, has 64 unauthorised school buildings. Officials said action against these structures will be taken only after obtaining the necessary approvals from the education department.
Source: The Times of India
