Latest news with #CoastalZoneRegulation
Indian Express
01-07-2025
- Politics
- Indian Express
HC dismisses pleas against govt decision to give Mayor's bungalow for Thackeray Memorial
The Bombay High Court Tuesday dismissed petitions challenging permission given by the Maharashtra Government to convert the Mayor's Bungalow in the city's Shivaji Park area into a memorial for late Shiv Sena chief Bal Thackeray. The court said that it did not find any valid ground for challenging the decision. The division bench of Chief Justice Alok Aradhe and Sandeep V Marne noted that the work of setting up of the memorial is 'virtually complete' and that it is a policy decision by the government in which the court is not inclined to interfere. It said that the petitioners who filed the PILs were not opposed to the memorial itself and their challenge to the site chosen by the government was outside the scope of judicial review. 'When it comes to setting up of memorials for leaders and persons revered for their contribution, it is also well settled that such act constitutes a public purpose and decision of the executive to set up a memorial to commemorate such persons, is a matter of policy of the State,' the court said. A Government Resolution was issued in 2016 granting approval for setting up of the memorial at Mayor's Bungalow and for constitution of a public trust, the Balasaheb Thackeray Rashtriya Smarak Samiti, for the purpose and its construction is nearly complete. 'This court also takes notice of the fact that the work of setting up of the Memorial is virtually complete by now. Mr. Khambata (senior advocate appearing for the trust) a has taken us through the photographs of the site, which shows that the grandiose structure of Mayor's Bungalow has not only been kept intact, but has been restored. Its heritage significance is not disturbed. Since the work of setting up of the Memorial is virtually complete by now, this could be yet another reason for this Court not to interfere in the impugned decisions and actions,' the court said. Four Public Interest Litigations (PIL) by activists and NGO Jan Mukti Morcha, challenged 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. Lawyer Uday Warunjikar appearing for the NGO submitted before the court that decision by the state government was arbitrary and that the petitioners are not opposing the setting up of a memorial for Thackeray but the site chosen and the manner in which the trust is set up, like a 'private trust'. The Brihanmumbai Municipal Corporation (BMC) and the state government opposed the petitions stating that the plot on which the memorial is to be constructed does not fall within green zone anymore, since it was earmarked for residential zone through a government notification, as per provisions of the Maharashtra Regional and Town Planning (MRTP) Act. Senior advocate Darius Khambata appearing for the Trust said that all procedure was followed in the allotment of the bungalow. Senior advocate Anil Sakhare appearing for the BMC said the Mumbai Heritage Conservation Committee had given a no-objection for the proposed change of the bungalow to a memorial museum. The civic body also submitted that all necessary procedures were followed for its construction. The court also noted that while the petitioners challenged the composition of the trust, calling it a 'family affair', only three of its 11 members are members of Shiv Sena, two of whom, Thackeray's son, Uddhav, and grandson, Aditya, are actual family members. 'After all, late Balasaheb Thackeray founded Shiv Sena political party and it can hardly be contended that the decision of the State Government in taking on board three members of that party, two out of whom are infact family members of late Balasaheb Thackeray, would amount to arbitrariness,' the court said. It also said that any land chosen in Mumbai would have been valuable and hence the allotment of the land on lease with a nominal rent of Re 1, is also a policy decision it cannot interfere with.
United News of India
01-07-2025
- Politics
- United News of India
HC dismiss PIL challenging move to convert Mayor bungalow into Thackeray memorial
Mumbai, July 1 (UNI) The Bombay High Court on Tuesday dismissed a public interest litigation (PIL) challenging the Maharashtra government's decision of 2017 to convert an old Mumbai mayor bungalow at Shivaji Park in Dadar area of central Mumbai into a memorial for late Shiv Sena chief Bal Thackeray. 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. UNI AAA PRS
Indian Express
01-07-2025
- Politics
- Indian Express
Bombay HC dismisses pleas challenging Govt's decision to convert Mayor's Bungalow into Bal Thackeray memorial
The Bombay High Court Tuesday dismissed petitions challenging permission given by the Maharashtra Government to convert the Mayor's Bungalow in the city's Shivaji Park area into a memorial for late Shiv Sena chief Bal Thackeray. The division bench of Chief Justice Alok Aradhe and Sandeep V Marne pronounced that the petitions are dismissed. In 2017, the Maharashtra Government passed a decision to convert the bungalow into a memorial for Balasaheb Thackeray, who died in 2012. Public Interest Litigations (PIL) had challenged 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 Brihanmumbai Municipal Corporation (BMC) and the state government opposed the petitions stating that the plot on which the memorial is to be constructed does not fall within green zone anymore, since it was earmarked for residential zone through a government notification, as per provisions of the Maharashtra Regional and Town Planning (MRTP) Act. BMC said the Mumbai Heritage Conservation Committee had given a no-objection for the proposed change of the bungalow to a memorial museum. The civic body also submitted that all necessary procedures were followed for its construction. The Thackeray memorial was announced by Devendra Fadnavis, who was the chief minister then, in 2015. A PIL was filed in 2017 by activist Bhagvanji Raiyani, and another one by NGO Jan Mukti Morcha, challenging the decision, as well as the allocation of Rs 100 crore for the memorial. The state government submitted that it was within its discretion to allot land or money for a monument of a prominent person, and the decision could not be questioned before the court. The government also defended its decision to lease the land to the Balasaheb Thackeray Rashtriya Smarak, a public charitable trust formed by the state, to look after the memorial, at a nominal rate, citing previous decisions. The detailed order is yet to be made available.
Time of India
28-04-2025
- Business
- Time of India
Colaba residents move HC to halt Radio Club jetty work
Mumbai: Colaba residents have moved the Bombay high court urging to quash and set aside the decision of the state govt and Maharashtra Maritime Board (MMB) to construct a passenger jetty and terminal facilities near Radio Club. "Such a terminal building and huge jetty will destroy the heritage vista of the harbour from the promenade and the heritage Gateway of India when viewed from the of the sea wall and putting piles into the sea bed …will also jeopardise buildings (along the seafront)," stated the petition by Clean and Colaba Residents Association comprising over 400 residents. It has challenged the construction of the project "in the sea on stilts from the sea face abutting the Gateway of India and located near the Radio Club end". You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The petition, filed through advocate Prerak Choudhary, stated that the project involves a terminal building of approximately 1.5 acres and a tennis racket-shaped jetty that will extend further over half a kilometre into the sea. The total area covered by the project will be 15.5 acres i.e is about 70% of the size of Oval Maidan which is 22 acres. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like [Click Here] - 2025 Top Trending Search - Local network access Esseps Learn More Undo The petition said the "gargantuan" structure has been approved by the Maharashtra Coastal Zone Management Authority under the 2019 Coastal Zone Regulation notification that permits only a 'standalone jetty'. Further, the Heritage Conservation Committee approved this project which will require breaking of the wall of the seaside promenade for access to the terminal and will distort the sea front of the Gateway of India. "To preserve the character of this heritage area, owners of building/apartment situated on/along the waterfront have not been permitted to make even small changes to their frontages," it pointed out. The petition claimed that the entire approval process was done without public notice and the residents were not heard. Among the grounds, the association said there is "no application of mind as to the impact of the location and operation of such a jetty and a large terminal in an already traffic congested area". It also seeks the pending hearing and disposal of the petition for an injunction including the contractor, RKCE Projects, from implementing the project and preventing residents from using the pavement along the seafront.
