Mumbai: A Mahim church which rankled its parishioners by striking a deal to hand over three gardens to the builder who raised their housing societies on its land has got a rude comeuppance from the judiciary after six years of legal tussle.

In an interim order in favour of 150-odd tenants at two housing societies erected on property formerly belonging to St Michael’s Church in Marie Nagar, the Bombay High Court on Monday disallowed construction of multi-storey buildings on the garden plots that had been sold to Suraj Estate Developers Private Limited.

Around 112 tenants of the dozen storey Our Lady of Vailankanni & Perpetual Succour (OLVPS) cooperative housing society and 45 tenants of the seven-storey Our Lady of Lourdes (OLL) housing society felt cheated after the church, the orginal custodian of the Marie Nagar property, granted development rights to the builder, denying conveyance of ownership to the tenants — some of whom have been living on the posh premises since 2003 — as per a contract.

Vincy Nazareth, a resident of OLVPS, accused the church of pushing its own secular agenda. “We didn’t expect the church to betray us by selling the garden plots for a few pennies. There is a nexus between the church trust and the builder,” he said.

Archie Sodder, an advocate who resides at OLVPS, said that according to the agreement signed with the builder after the apartments were booked in 1993, the three gardens were to be landscaped and fenced. Based on this, the residents were asked to shell out way more than the realty rates prevailing in Mahim at the time, he said.

“We expected the church trust to safeguard our interests and not behave like a corrupt builder. But it failed to practise what it preaches, selling off the gardens to the builder,” said Sodder.

Agnelo Saldana, another resident, said: “We want to go for walks, jog. As many as 40 children will get a place to play if the gardens aren’t built upon.”

In 2003, after taking possession of their flats, residents of the two societies wrote to Archbishop Cardinal Oswald Gracias seeking ownership of the flats, as was their agreement, but received no reply. In 2010, the residents undertook a protest march to the Archbishop’s house, where they were realised a plan to redevelop two of the gardens had been passed by the church trust behind their back. The year after, OLVPS residents filed a case against the church and the builder in the city civil court.

The matter was heard in 2014 but the residents’ notice of motion was dismissed twice on technical grounds, after which they moved the Bombay High Court. In September 2016, the high court granted an injunction restraining the builder and the church from carrying out any construction. The church challenged the order, and finally, on Monday, the high court ruled that the injunction should continue and that status quo be maintained on the three plots. The case has now come to be expedited.

Father Simon Borges, the sole trustee of St Michael’s Church, asked us to speak to the church’s advocate. The advocate, Nigel Quraishy, said, “The only outcome of this verdict is that all issues will be finally decided by December 15.”

Bishop Dominic Savio, finance committee, Archdiocese Of Bombay, said despite the plan for five residential buildings, the size of the gardens will be retained.

Developer Rajan Thomas, managing director, Suraj Estate Developers’ (P) Ltd said, they have adhered to the court order and not constructed anything on the garden plots.

(Mumbai Mirror)