BOMBAY| 1ST JULY 2025– The Bombay High Court on Tuesday dismissed multiple petitions challenging the Maharashtra government’s decision to construct a memorial for late Shiv Sena founder Bal Thackeray at Shivaji Park, Dadar.
Background: PILs Against Conversion of Mayor Bungalow and Land Allotment
The public interest litigation (PIL) petitions were filed against the 2017 decision to convert an old mayoral bungalow at Shivaji Park into a memorial dedicated to Bal Thackeray.
Petitioner Bhagwanji Riyani also challenged the allotment of an adjacent plot of land, claiming it was part of the ‘green zone’ under the city’s development plan.
BOMBAY HIGH COURT : BENCH COMPOSITION AND ORDER
A Bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne dismissed the petitions, thereby allowing the construction to proceed.
Challenge to ₹100 Crore Allocation and BMC Act Amendment
The PILs further questioned the State government’s decision to allocate ₹100 crore for setting up the memorial.
Additionally, the petitioners assailed an amendment to the Mumbai Municipal Corporation Act, which allowed the Brihanmumbai Municipal Corporation (BMC) to lease immovable property to any person for a nominal rate of ₹1 per annum.
The petitioners argued that such large public funds and resources should not be used for a memorial dedicated to a private individual, and could instead serve more pressing public needs.
STATE’S RESPONSE: DISCRETIONARY POWER
The Maharashtra government defended its decision, asserting that it was within its discretion to allot land and allocate funds for constructing the memorial.
BMC AND MHCC: DUE PROCESS FOLLOWED
The Brihanmumbai Municipal Corporation (BMC) and the Mumbai Heritage Conservation Committee (MHCC) also defended the project, submitting that all legal procedures and requisite permissions had been followed.
In its affidavit, the BMC stated:
“Due process of law had been followed before allotting land for the memorial in Mumbai at a nominal rate.”
The civic body informed the Court that in 2018, the Maharashtra government had sanctioned the conversion of the plot from ‘green zone’ to ‘residential zone’, in accordance with the Maharashtra Regional and Town Planning Act (MRTP).
MHCC’S PERMISSION AND TIMELINE
The MHCC, in its affidavit, explained that it had been approached for a no-objection certificate (NOC) in May 2018 for the memorial construction, which was granted.
Further, in July 2020, permission for constructing a museum and entrance block on the adjacent plot was also granted.
COURT’S CONCLUSION
After considering the submissions, the High Court found no merit in the petitions and dismissed them, thereby upholding the government’s plans for the Bal Thackeray memorial.
