HC stays BMC move to take over YMCA gym and akhada
MUMBAI, Aug. 13 -- The Bombay High Court on Wednesday stayed the Brihanmumbai Municipal Corporation's (BMC) move to take possession of the Young Men's Christian Association's (YMCA) gymnasium and akhada at the Willingdon Ground in Mumbai Central, granting the organisation interim protection from any adverse action.
A division bench of justices AS Gadkari and Kamal Khata passed the order while hearing a petition filed by YMCA, which stated that the civic body had "no powers" to take possession of the structures, as they were constructed by the organisation after the BMC itself had sanctioned the plans and issued an Intimation of Disapproval (IOD) and a Commencement Certificate (CC).
The dispute began on March 12, when the BMC issued a notice to the YMCA seeking an explanation for its possession of the building housing the gymnasium and akhada. According to the petition, YMCA submitted its reply to the BMC on April 1. However, on July 21, the civic body informed the organisation that it would take possession of the premises within seven days.
The YMCA claimed that the BMC had decided to take over the premises without giving it an opportunity to be heard and without complying with the principles of natural justice.
The organisation replied to BMC's letter and submitted documents that it claimed proved its legal possession and ownership of the structures.
However, the BMC began the process to take over the structures and said it would be completed on or before August 12, according to the petition.
Aggrieved by this, the YMCA moved the high court through advocate Joel Carlos, claiming that it has been in possession of Willingdon Ground, which houses the gymnasium and the akhada, since March 1928, when the BMC handed over the land.
The YMCA also relied on a structural audit report that classified the building as C2-B, indicating that repairs were required, while disputing the BMC's claim that it was not being properly maintained....
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