Mumbai: Bombay High Court rapped BMC for terminating the lease of a trust that runs a gymnasium on St Martin Road, Bandra (W), over unauthorised construction, observing that it was done in a “very high-handed” manner.Justices Makarand Karnik and Shriram Modak on Thursday asked BMC to state if it would withdraw the Jan 21, 2021, notice issued to Bandra Physical Culture Association terminating the lease and directing handover of possession of the nearly 16,000 sq ft land. The trust challenged the notice and also the Nov 2, 2020, demolition of a portion of the gymnasium. On Feb 4, 2021, HC restrained BMC from taking “coercive steps.“Senior advocate Rajshekhar Govilkar, for BMC, said the trust reconstructed the demolished structure “which is totally unauthorised”. The trust’s advocates Firoz Bharucha and Kuber Wagle said all it did was put bamboo and tarpaulin “to protect the gym equipment”.The judges said, “This is also a construction.” “That is completely overreaching the orders of this court,” said Justice Karnik. Bharucha then said his clients will pull down the bamboo and tarpaulin “starting tomorrow”.Bharucha said the trust is a registered lessee and the notice is “disturbing”. It stated that the Improvement Committee and BMC passed resolutions granting sanction to terminate the lease and directed the trust to hand over possession of the land, failing which BMC is presumed to have deemed possession by default. Bharucha said BMC took the decision “unilaterally”. The judges said, “A lease cannot be terminated like this” and “has to be terminated in accordance with law.“They said there are two aspects, unauthorised construction and the right as a lessee. By constructing on the plot, according to BMC, the trust breached the terms of lease. Therefore, “it is not about the land but the structure” and BMC is entitled to issue a demolition notice. However, the notice is about the land and it states that BMC has terminated the lease. “Now the trust is on that aspect … the manner in which you have done it, whether it is justified? That is the issue,” said Justice Modak. Adjourning the hearing to April 28, the judges said BMC must “withdraw the notice and put an end to the matter”. “This is very high-handed,” Justice Karnik remarked.
