Bombay High Court Today (July 1) rejected pleas opposing the Shiv Sena leader Bal Thackeray’s memorial at Shivaji Park. The Court upheld the Maharashtra government’s actions, including land and fund allocation.
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MAHARASHTRA: The Bombay High Court today dismissed petitions filed against the Maharashtra government’s decision to build a memorial for Shiv Sena founder, the late Bal Thackeray. These petitions had objected to using public land and money for the project, especially in a place marked as a “green zone.“
The case was heard by a division bench consisting of Chief Justice Alok Aradhe and Justice Sandeep Marne, who decided to reject the Public Interest Litigations (PILs). The main PIL was filed by a petitioner named Bhagwanji Riyani. He argued that converting the old mayor’s bungalow at Shivaji Park in Dadar into a memorial was not correct.
According to him, even the extra plot of land next to the bungalow that was given for the memorial was part of the city’s “green zone” in the official development plan.
Riyani further opposed the Rs 100 crore budget that was approved by the government for setting up the memorial. The petition also raised concerns about a change in law that allowed the Brihanmumbai Municipal Corporation (BMC) to lease out public land for just Rs 1 per year.
The petitioner claimed that:
“The entire machinery was being moved for a private individual when the amount could be used for other important things.”
In response, the Maharashtra government told the Court that it had full authority to decide how to allot land and funds.
“It was the State’s discretion to allot land and money for the memorial,”
-the government said.
The BMC and the Mumbai Heritage Conservation Committee (MHCC) also supported the government’s move.
They stated that all permissions were properly taken and the correct procedure was followed before the land was given for the memorial.
In its affidavit, the BMC explained that the land was given legally and fairly.
“Due process of law had been followed before allotting land for the memorial in Mumbai at a nominal rate,”
-said the BMC.
The BMC also told the Court that the Maharashtra government had officially changed the land status from “green zone” to “residential zone” in 2018. This change followed all the rules under the Maharashtra Regional and Town Planning Act (MRTP).
The MHCC submitted that they were officially approached for approvals and they had given all necessary permissions.
“The committee had been approached for a no-objection certificate for the construction of the memorial in May 2018, which was granted,”
-the affidavit confirmed.
They also stated that permission for building a museum and entrance block on the nearby land was given later.
“Permission for construction on an adjacent plot for a museum and entrance block was also granted in July 2020,”
-it added.
With these confirmations from the government, BMC, and MHCC, the High Court found no wrongdoing.
The Court, therefore, decided to dismiss all the PILs challenging the project.
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