Relief for Thane church mired in disputes

Melwyn Fernandes, activist and parishioner of Our Lady Of Mercy Church, explained the land where TMC was carrying out the works is currently in the Church’s possession but has been involved in multiple disputes with a Hindu temple trust since the 70s and a construction company that it was allegedly sold to since 2007

MUMBAI: A civil court in Thane has issued a temporary injunction to stop any demolition or damage to the St John Baptist Church. The church, also known as Our Lady of Mercy Church, is located at Pokhran Road No. 2 in Thane.

Our Lady of Mercy Church , 2nd Pokhran road, Thane west in Thane (HT Archives) (Hindustan Times)

In March 2025, the Thane Municipal Corporation (TMC) allegedly began levelling work on a land abutting the church property. Following this, the St John Baptist Church Trust filed a lawsuit against TMC. The TMC had intended to erect a compound wall and conduct beautification work to create a playground on an adjacent plot.

Melwyn Fernandes, activist and parishioner of Our Lady Of Mercy Church, explained the land where TMC was carrying out the works is currently in the Church’s possession but has been involved in multiple disputes with a Hindu temple trust since the 70s and a construction company that it was allegedly sold to since 2007.

The plaintiff’s lawyer, Nikita Jadhav-Lawrence, argued that the church, built in 1562, has been in use and possession of the trust for centuries, with Roman Catholics in the area visiting to pray every Sunday.

TMC’s advocate, SV Sali argued that the civic body was only doing work on land in its possession and was not going to demolish the church.

The corporation also claimed the church building was in a “ruinous condition” and “not capable of being preserved,” with only a portion of its walls standing. He said that it lacked heritage value, signalling that it needed no protection from potential future demolition.

However, the court found that the plaintiff had a “prima facie case” and that the “balance of convenience” was in their favour. In an order that was passed on September 9, the court stated that the plaintiff would suffer “irreparable loss” if the relief were not granted.

The court ruled that the TMC as well as any other person on their behalf, is “temporarily restrained from entering in the suit property, from dispossessing plaintiff, demolishing, or damaging the structure of the Church standing over the suit property till decision of the suit.”

The temporary injunction provides a crucial pause in the dispute, allowing the legal proceedings to continue without the immediate threat of demolition. The outcome of the civil suit will determine the long-term future of the historic church and its surrounding land.

Advocate Jadhav-Lawrence said, “TMC started work without permission on the heritage land. St John the Baptist Church, who is the land’s owner filed a case to stop unauthorised beautification by TMC.”