HC dismiss PIL challenging move to convert Mayor bungalow into Thackeray memorial
The division bench of Chief Justice Alok Aradhe and Sandeep V Marne dismissed the petition during the hearing of the PIL filed by social activist Bhagwanji Riyani, challenging the decision, claiming that the proposed construction violated the Environmental Protection Act and the Coastal Zone Regulation notification.
The petitioners also claimed that since the bungalow, built in 1928, is a heritage structure, it cannot be converted into a memorial.
The PIL before the court also challenged the state government's decision to allocate ₹100 crore as a budget for setting up 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.
The Maharashtra government in its response said it was the state's discretion to allot land and money for the memorial.
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 bench passed the order after hearing both petitioner and respondents at length.
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