HC Puts BMC Takeover of YMCA Grounds on Hold

The Bombay High Court has stayed, until further orders, the Brihanmumbai Municipal Corporation’s (BMC) proposed takeover of the YMCA gymnasium and Willingdon playground in Agripada, Mumbai Central. The playground is now known as Abdul Rehman Sufi Maidan, also referred to as Jhoola Maidan. The interim relief was granted after the Bombay Young Men’s Christian Association challenged a notice issued by the civic body over alleged improper maintenance of the premises.

The BMC notice had threatened that possession of the gymnasium and playground would be taken by August 12. The YMCA subsequently approached the High Court, represented by advocate Joel Carlos, and challenged the civic body’s action. During the hearing, the association argued that the BMC did not have the authority to take possession of the gymnasium and Akhada.

It was submitted that the facilities had been constructed and owned by the YMCA after the necessary permissions had been secured from the civic authorities. The association specifically referred to the Commencement Certificate issued by the BMC as evidence that the construction had been carried out after due approval. The YMCA also relied on its long-standing possession of the property. It was submitted that the ground had been in the association’s possession since 1928 and that rent had been paid to the BMC for several years. On this basis, the association argued that it was a protected tenant and could not be evicted through the proposed takeover.

The allegations regarding poor maintenance were strongly disputed by the YMCA. The association described the BMC’s claims about the condition of the gymnasium as “false”. It was further argued that the allegations had allegedly been made without a visit to the site. The YMCA also claimed that it had not been given an opportunity to present its case before the notice was issued.

The matter was heard by a bench comprising Justices Ajey S Gadkari and Kamal R Khata. During the proceedings, questions were raised about the circumstances behind the BMC’s action. The bench specifically asked the civic body whether the notice had been issued at the behest of an “influential person or politician”.

The BMC sought time to file its response to the arguments presented by the YMCA. Considering the request, the High Court granted interim relief to the association and stayed the proposed takeover. The BMC’s move to take possession of the YMCA gymnasium and playground will therefore remain suspended until further orders. Further proceedings are expected after the civic body files its reply before the court. The YMCA’s claims regarding its tenancy, ownership of the structures, maintenance allegations and lack of a hearing will consequently remain part of the ongoing legal dispute.