Bombay High Court Orders Demolition of Illegal Gurudwara at Lokhandwala Joggers Park

Mumbai: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to demolish an unauthorised gurudwara structure inside Chhatrapati Shivaji Maharaj Joggers Park in Lokhandwala, Andheri West, if the trust responsible for the structure fails to act on the civic body’s demolition notice.

The directive was issued during a hearing of a public interest litigation (PIL) filed by five residents, part of the 650-member Lokhandwala Joggers Park Association. The PIL alleges that a security cabin within the park was illegally converted into a gurudwara, complete with a prayer hall, kitchen, and storeroom.

BMC’s counsel, Senior Advocate Milind Sathe, informed the bench comprising Chief Justice Alok Aradhe and Justice M.S. Karnik that the civic body had served notices under Section 351 of the Mumbai Municipal Corporation Act. After considering the trust’s response, a demolition order was issued on May 29, 2024. “Parts of the structure are illegal. The prayer room still exists. If the trust doesn’t demolish it within two weeks, the BMC will proceed,” Sathe stated.

The court accepted the BMC’s assurance and instructed the State government to provide police protection during the demolition process, if necessary. “We will pass a detailed order,” the bench noted during the hearing.

During proceedings, the trust’s advocate argued that the construction was carried out with permission from the Maharashtra Housing and Area Development Authority (MHADA), but alleged that MHADA had since submitted a contrary affidavit. The bench, however, was firm: “If you don’t have valid permission, then it is illegal. It will have to be demolished.”

The court also clarified that if the trust possesses legitimate permission, it is free to seek relief through the appropriate legal forum. Sathe noted that a city civil court had already denied the trust protection from demolition.

According to the petitioners, the park was developed by MHADA in 2003 and handed over to Celebration Sports Club for maintenance in 2013. During the COVID-19 pandemic, food distribution began near the park, eventually leading to a full-fledged langar (community kitchen) and the illegal establishment of the gurudwara.

The petition also raised concerns about environmental and noise issues — including alleged dumping of food waste near mangroves and disturbances caused by loudspeakers.

Earlier, BMC had issued notices to Celebration Sports Club, Samarth Nagar Lokhandwala Punjabi Association, and Sanjha Chula Guru Ka Langar Trust, asking them to furnish proof of permissions and ownership. In the absence of such documentation, the civic body has now been legally empowered to act.

This case highlights the judiciary’s firm stance on unauthorised structures on public land and reinforces the need for transparent permissions for religious and community spaces in civic areas.