Bombay High Court Dismisses Wilson College Gymkhana Petition, Citing Pending Writ Petitions

The Bombay High Court dismissed a petition filed by a Church of North India member, asking the court to open the disputed Wilson College Gymkhana to the public. The court said that the subject matter of the PIL is already being examined by the Court in another Writ Petition which has challenged the cancellation of the lease of the ground to the college.

The lease on the 1.02 lakh sq mt playground, which was with the college for over a century, was transferred to the Jain International Organisation through a government resolution (GR) on March 16, 2024.

Two rival groups, each claiming to be the United Church of North India Trust Association – the trust that owned the gymkhana lease – have challenged the cancellation of the lease.

The alumni association of Wilson College has also filed an interim application, seeking inclusion in the petition.

Another PIL, filed by Cyril Dara, honorary secretary of Christian Reform United People Associations, asked that a fresh lease to the ground be given only to  persons or institution having extraordinary merit and exceptional performance in the field of sporting activities with the condition that the said land/playground shall be available to the public at large as it was in the earlier lease. The petition also asked the court to quash and set aside the government memorandum of March 16, 2024. 

On December 5, 2023, the District Collector of Mumbai ordered the acquisition of the gymkhana land, citing violations and breach of the lease agreement. The decision was challenged before the Maharashtra Land Revenue Tribunal, but the court confirmed the order of the Collector in an order on  March 11, 2024 and the government handed over the gymkhana for 30 years to JIO. 

The court said that in respect of reliefs claimed in the PIL, the management of Wilson College has filed two Writ Petitions which are pending adjudication before this Court.

In view of the fact that the subject matter of the PIL is already being examined by the Court in Writ Petition at the instance of the aggrieved party, we are not inclined to entertain the present PIL, said the bench consisting of Chief Justice Alok Aradhe and justice M S Karnik, dismissing the PIL.