Bombay HC Order: Stop Construction at Public Park at Lokhandwala Complex, Andheri, Protect Mangroves
The court’s decision came after a plea from the Lokhandwala Joggers Park Association, which called for the demolition of an unauthorised gurudwara within the park.
10th May 2024
The Bombay High Court has halted any further development or trespassing in the Lokhandwala Complex’s public park in Andheri (W), emphasising the protection of the adjacent mangroves. The court’s decision came after a plea from the Lokhandwala Joggers Park Association, which called for the demolition of an unauthorised gurudwara within the park.
The petition highlighted the Brihanmumbai Municipal Corporation’s (BMC) lack of response to the issue, noting that the park, established in 2003 by Mhada, was initially maintained by Millenium Foundation and handed over in January 2013 to Celebration Sports Club, which undertook its maintenance tasks and saw unauthorised religious activities and construction, including the transformation of a security cabin into a religious site.
The petitioners complained that daily religious broadcasts were disrupting park visitors, and despite repeated complaints and notices from the BMC, no decisive action was taken. In the petition, it said that despite complaints since March 2022 the BMC did not act. It added that on 23rd January and 4th March, the BMC issued notices to the club, the Punjabi Association of Lokhandwala and Sanjha Chula Guru ka Langar Trust, to submit permissions, approved plans and ownership documents, but no action was taken.
Advocates Subhash Jha and Raveena Yaddav pointed out that the structure is too close to a mangrove area (falls within 50 metres), leading to environmental concerns due to food and waste disposal. The club’s lawyer assured that no further building activities are planned.
Justices Nitin Jamdar and Milind Sathaye instructed the involved parties to prevent any harm to the mangroves and maintain cleanliness during religious gatherings. They tasked the assistant commissioner of K ward with the responsibility of monitoring the park to prevent any new construction or encroachment. The court warned that any violation would prompt necessary enforcement by the Assistant Commissioner. The hearing has been adjourned, with the BMC ordered to resolve the matter promptly, following up on a notice issued on 23rd January.