Thane Court Halts Civic Body From Demolishing 400-Year-Old Church Ruins Amid Land Dispute

A court in Thane has temporarily restrained the municipal corporation from entering the disputed land around the ruins of the 400-year-old Portuguese-era Our Lady of Mercy Church.

The court has stopped the Thane Municipal Corporation from 'dispossessing, demolishing and damaging the old structure' of the church until the next hearing of the case. The land on Pokhran Road was sold to a construction company by St John Baptist Church. The plot has now been taken over by the TMC, which compensated the company by offering it development rights elsewhere. The TMC plans to convert a part of the plot into a public playground. Meanwhile, an adjacent parish church, also known as the Our Lady of Mercy church, has claimed the plot, arguing that the land is part of the ruins of a 17th-century structure. The dispute is pending before the Thane Civil Court and the Sub Divisional Officer.

In March, the church filed a police complaint alleging that municipal workers had entered the disputed plot. The church sought an ad-interim order against the TMC. The TMC opposed the application on the ground that the church trust had not substantiated its right, title, and interest in the plot. The suit property is not in the name of the plaintiff and shows the name of another trust, the TMC argued.

J S Jagdale, 2nd Jt. Civil Judge Senior Division, Thane, said the land has a heritage structure. There were several disputes about the property before the revenue authorities and the court. The court said there is apprehension that the complainant is a religious trust, and any high-handed act of the defendant is likely to affect religious feelings.

Father John Almeida, trustee of Our Lady of Mercy Church, said, "No survey has been done to demarcate the land. The demarcation cannot be done until all the pending litigation reaches finality," said Almeida.

"It is good news that the court has stayed any activity that can lead to damage to the centuries-old religious monument," said Melwyn Fernandes, a church member. The case dates back to 2016 when a church member filed the petition in the Bombay High Court after the Charity Commissioner passed an order in September 2007, sanctioning the sale of the land to the builder. 

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