The Bombay High Court on Thursday strongly criticized the Brihanmumbai Municipal Corporation (BMC) for terminating the lease of a trust that operates a gymnasium on St Martin Road in Bandra (West), calling the action "very high-handed." A division bench of Justices Makarand Karnik and Shriram Modak heard a petition filed by the Bandra Physical Culture Association, which challenged the BMC's January 21, 2021 notice terminating its lease and demanding possession of nearly 16,000 square feet of land.
Court Questions BMC's Approach
The judges asked BMC to clarify whether it would withdraw the notice. The trust also challenged the November 2, 2020 demolition of a portion of the gymnasium. On February 4, 2021, the High Court had restrained BMC from taking coercive steps against the trust.
Senior advocate Rajshekhar Govilkar, representing BMC, argued that the trust had reconstructed the demolished structure, which he termed "totally unauthorised." The trust's advocates, Firoz Bharucha and Kuber Wagle, countered that they had only erected bamboo and tarpaulin to protect gym equipment from the elements.
Court's Observations on Construction
Justice Karnik remarked, "This is also a construction. That is completely overreaching the orders of this court." In response, Bharucha assured the court that the trust would dismantle the bamboo and tarpaulin structure starting the next day.
Bharucha argued that the trust is a registered lessee and that the termination notice was "disturbing." He pointed out that the BMC's Improvement Committee had passed resolutions sanctioning the lease termination and directing the trust to hand over possession, failing which BMC would be deemed to have taken possession by default. He contended that BMC acted "unilaterally."
Legal Principles on Lease Termination
The bench observed that a lease "cannot be terminated like this" and must be terminated in accordance with the law. The judges identified two aspects in the case: the unauthorised construction and the trust's rights as a lessee. They noted that by constructing on the plot, the trust allegedly breached lease terms, so the issue is about the structure, not the land itself. BMC is entitled to issue a demolition notice for unauthorised construction.
However, the notice in question pertains to the land and states that BMC has terminated the lease. Justice Modak said, "Now the trust is on that aspect ... the manner in which you have done it, whether it is justified? That is the issue."
Court's Direction
Adjourning the hearing to April 28, the judges urged BMC to "withdraw the notice and put an end to the matter." Justice Karnik reiterated, "This is very high-handed."
