E-Paper
Court stays demolition of Pune’s St Joseph’s Church and School
The Church and School, had received notice, stating that the Church had encroached on railway property, and to vacate the premises within 15 days, failing which they would demolish i
St Joseph’s Church and School in Ghorpadi has obtained a district court injunction (stay on demolition notice) against the Central Railway and the Divisional Railway Manager (DRM) in Pune.
The Church and School, which had been in possession of the property for more than 5 decades, had received notice from the DRM in Pune, stating that the Church had encroached on railway property, and the notice also asked the church authority to vacate the premises within 15 days, failing which they would demolish the entire property.
While granting the application for a temporary injunction, the court noted that the notice was vague in nature and that the railway department doesn’t have a single document to substantiate its claim.
Joint Civil Judge (Senior Division) PV Rane in her order stated, “Defendant Nos. 1 (General Manager Central Railways) and 2 (Divisional Railways Manager), themselves or through their agents, servants or any other persons acting through them are hereby temporarily restrained from disturbing the possession of plaintiff over the suit property and from wasting and damaging the suit property in any manner without establishing the due process of law”.
The church had filed an application filed under Order 39 rules 1 and 2 of the Code of Criminal Procedure for the grant of temporary injunction. The property was originally used as a cemetery from 1886 to 1893 and at that time a chapel existed in the cemetery and was used by the Christian community for offering prayers.
The church claimed that the suit property consists of a church and a school duly registered with the Maharashtra government under recognition no. 2/22 dated July 1958.
According to the church, the school on the suit property is registered with the Maharashtra government and consists of an aided primary/middle school and an unaided high school.
The defendant denied all of the plaintiff’s negative claims in their response (church and school authorities). According to them, the individuals who signed the plaint on the plaintiff’s behalf lack legal authority, and the documents filed by the plaintiff are unrelated to the Indian Church Act of 1927.
As a result, the plaintiff lacks locus standi to file the current suit. It is also claimed that they have owned and occupied General Land Record No. 83 since the beginning and that the church authority encroached on Government property.
Adv Munir Mohammad represented the church and was assisted by Adv Asif Mulla and Adv Anjali Naik.
