St Anthony Church tells HC it can relocate Parochial House for road widening

The petitioners also did not press their argument that the Parochial House was a listed heritage structure in view of the November 2020 communication received from the BMC, which reported the view of the Mumbai Heritage Conservation Committee (MHCC) - that “the structure is not of significant heritage value

MUMBAI: St Anthony’s Church recently informed the Bombay high court (HC) that they are willing to relocate the Parochial House or the Father’s Bungalow, which has withheld widening of the congested Malad Marve road, in other part of the church premises, provided the Portuguese church is given compensation in some form.

Mumbai, India - Sep 13, 2023 : ST.Anthony Church, Marve Road at Malad West, in Mumbai, India, Wednesday, Sep 13, 2023. (Photo by Vijay Bate/HT Photo)

“The petitioners will not obstruct the removal of the structure, provided some form of compensation is offered, because Parochial House is not and has never been said to be an unauthorised structure,” advocates Sean Wassoodew and Rupesh Mandhare who represented the church informed the court.

The division bench of justice Gautam Patel and justice Kamal Khata was hearing a petition filed by the church through its sole trustee, Fr Agnelo Fernandes, for various reliefs. The statement came after the Brihanmumbai Municipal Corporation (BMC) informed the court that the Parochial House was “in the middle of a planned DP (Development Plan) road line and the civic body has removed all other encroachments on the extremely congested road.

The petitioners also did not press their argument that the Parochial House was a listed heritage structure in view of the November 2020 communication received from the BMC, which reported the view of the Mumbai Heritage Conservation Committee (MHCC) - that “the structure is not of significant heritage value.”

With his opinion, the MHCC has also given “no objection” to the widening of the road to the extent of the road line shown in the Development Plan by removing the structure, Parochial House.

The church, however, insisted that they should be compensated in some form, as the Father’s Bungalow is not an unauthorised structure. The judges agreed with the contention, saying, “Indeed, it is a very old structure going back to the 1870s and houses old records apart from being accommodation for the 1st Petitioner (Fr Agnelo),” said the bench.

Apart from the issue of compensation, the bench said, the civic body will also have to consider the issue of relocating the Parochial House to another portion of the church property, as the petitioner apprehended that relocation of the structure on the grounds that the church itself is a heritage structure.

As regards fixing the quantum of the compensation, the judges noted that though the area of the Parochial House is 2,256 square feet, BMC insisted that the area of the structure is only 1,600 sq ft as per its records and to ascertain the exact area of the civic body will have to undertake a survey of the actual area that exists on site. The bench said it would not allow the BMC to take an adverse stand and ask the church to remove, take down or seek regularisation for any part of Parochial House.

The court has now posted the matter for further hearing on October 4 after senior advocate Anil Sakhare, who represented the BMC, sought time to take instructions on the question of compensation as also on the viability of relocating the Parochial House to another part of the church premises.