HC Stays BMC Move to Take Over YMCA Gymnasium at Mumbai Central
The Bombay High Court on Wednesday stayed the Brihanmumbai Municipal Corporation’s decision to take possession of the Young Men’s Christian Association’s gymnasium and akhada at Willingdon Ground in Mumbai Central. A division bench of Justices AS Gadkari and Kamal Khata granted interim protection to the organisation from any adverse action by the civic body.
The court order was passed on a petition filed by the YMCA through advocate Joel Carlos. The organisation argued that the BMC lacked the authority to take possession of the structures, as they had been constructed after the civic body sanctioned the plans and granted an Intimation of Disapproval and a Commencement Certificate.
The dispute began on March 12, when the BMC issued a notice seeking an explanation regarding the YMCA's possession of the premises housing the gymnasium and akhada. In its notice, the civic body alleged that the gymnasium was not being properly maintained.
The YMCA submitted a formal reply on April 1, along with documents aimed at establishing its legal possession and ownership of the structures. However, on July 21, the civic body informed the YMCA that it intended to take possession of the premises within seven days.
According to the petition, the BMC then initiated procedures to take over the structures, stating that the process would be completed on or before August 12 with police assistance. The YMCA claimed the civic body took this step without giving it an opportunity to be heard, violating the principles of natural justice.
In its petition before the High Court, the YMCA stated that it has been in possession of the Willingdon Ground site housing the gymnasium and akhada since March 1928, when the land was handed over to it by the BMC. The organization maintained that it pays rent to the civic body and operates as a protected tenant that cannot be evicted through administrative communications.
To counter the BMC’s allegations of improper maintenance, the YMCA presented a structural audit report that classified the building under the C2-B category, indicating that repairs were required.
The YMCA petitioned the High Court to quash the BMC's notices dated March 12 and July 21 and sought interim protection against any coercive measures regarding the gymnasium and akhada.
