Bombay High Court dismisses PILs challenging construction of Bal Thackeray Memorial

The Bombay High Court on Tuesday dismissed the petitions challenging the construction of a memorial for Shiv Sena supremo late Bal Thackeray..The public interest litigation (PIL) petitions were filed challenging the Maharashtra government's decision of 2017 to convert an old mayor bungalow at Shivaji Park in Dadar into a memorial.The government had also allotted an adjacent plot of land for the purpose, which the PIL petitioner, Bhagwanji Riyani, claimed was part of the 'green zone' as per the development plan..A Bench of Chief Justice Alok Aradhe and Justice Sandeep Marne dismissed the pleas..The PIL before the Court also challenged the State government's decision to allocate ₹100 crore as a budget for setting up of the memorial.The PIL also assailed an amendment to the Mumbai Municipal Corporation Act by which BMC was allowed to leave an immovable property of the corporation to any person at a nominal rate of ₹1 per annum.The petition said that the entire machinery was being moved for a private individual when the amount could be used for other important things.Maharashtra government in its response said that it was the State's discretion to allot land and money for the memorial..All legal procedures followed for constructing Bal Thackeray Memorial: BMC, MHCC to Bombay High Court.The Brihanmumbai Municipal Corporation (BMC) and the Mumbai Heritage Conservation Committee (MHCC) also defended the construction and told the High Court that all requisite permissions were obtained and procedures followed before allotting land for the memorial.In its affidavit filed before the High Court, the BMC stated that due process of law had been followed before allotting land for the memorial in Mumbai at a nominal rate.The civic authority apprised the Court that in 2018 the then Maharashtra government had sanctioned the change of the plot from ‘green zone’ to ‘residential zone’.This change was in accordance with the provisions of the Maharashtra Regional and Town Planning Act (MRTP), the affidavit said.MHCC meanwhile submitted that they had been approached and valid permissions had been granted for the construction project.The affidavit elaborated that the committee had been approached for a no-objection certificate for the construction of the memorial in May 2018, which was granted.The permission for construction on an adjacent plot for a museum and entrance block was also granted in July 2020, the affidavit stated..[Read Live Coverage]