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1991 Supreme(Bom) 56

S.M.DAUD
Catholic Assn. of Bom. St. Michaels Parish Unit & others – Appellant
Versus
Municipal Corpn. of Greater Bombay & others – Respondent


JUDGMENT - S.M. DAUD, J.:---This petition under Article 226 of the Constitution takes exception to the demolition of a cross held sacred by the Roman Catholic Community residents at Bombay and in particular at Mahim.

2. Petitioners are an association and office-bearers of certain associations at Mahim. At the relevant time respondent No. 2 was the Administrator of respondent No. 1 and respondent No. 3 a Senior a senior Ward Officer of the 1st respondent. In the vicinity of the Parsi Maidan at Mahim near the junction of M.M. Chotani Road and Pitamber Lane - so allege the petitioners - stood the Cross figuring in this case. This Cross was installed in the year 1905 and had stood undisturbed upto the night of 16th March, 1985. In fact in September 1977, the 1st respondent i.e. the Bombay Municipal Corporation, had given a no objection to the proposal to renovate the said Cross by providing mosaic tiles thereto. Suddenly without any previous intimation at about 11.30.p.m. on 16th March, 1985 a posse of Municipal employees led by respondent No. 3 descended on the spot and without any further order demolished the Cross. After coming to know about the demolition, the petitioners lodged












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