GG News Bureau
Mumbai, 1st July: The Bombay High Court on Monday upheld the Maharashtra government’s decision to convert the iconic Mayor’s Bungalow at Shivaji Park into a memorial for the late Shiv Sena founder Balasaheb Thackeray, dismissing multiple Public Interest Litigations (PILs) that challenged the move.
A division bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne ruled that there were no valid grounds to interfere with the state’s policy decision, affirming that the site selection and requisite legal formalities had adhered to all statutory norms.
The bench was hearing four PILs filed between 2017 and 2019 by social activists Bhagvanji Rayani, Pankaj Rajmachikar, Santosh Daundkar and NGO Jan Mukti Morcha. The petitioners alleged violations of environmental rules, zoning laws, and procedural lapses under the Maharashtra Regional and Town Planning (MRTP) Act.
Rejecting these concerns, the court held that the land-use change from a green zone to residential status was executed lawfully under the MRTP Act and said the amendment to the Mumbai Municipal Corporation (MMC) Act — allowing the land to be leased to the Balasaheb Thackeray Rashtriya Smarak Trust at a nominal rate of ₹1 per annum — was within legislative competence.
“The choice of site for the memorial falls within the realm of state policy and is not open to judicial review unless it violates fundamental rights,” the court observed. It also dismissed objections to the composition of the Trust, noting that it included not just Shiv Sena leaders and Thackeray family members, but also senior bureaucrats and municipal officials, affirming its public character.
The court further took note of environmental and heritage clearances from the Mumbai Heritage Conservation Committee and the Maharashtra Coastal Zone Management Authority (MCZMA), stating that the heritage integrity of the Mayor’s Bungalow had been preserved. “The grandiose structure of the Mayor’s Bungalow has not only been kept intact but restored,” the court remarked in its judgment.
The plan for the memorial was first announced in 2015, and a government resolution was passed in 2016. Following a public consultation process, the land, valued at around ₹205 crore, was officially earmarked for the memorial in 2019.
With construction nearly complete, the court concluded: “Considering the overall conspectus of the cases, we do not find that any valid ground of challenge is made out in any of the petitions. They are accordingly dismissed without any order as to costs.”
