"Heritage Not Disturbed": Court Rejects Pleas Against Thackeray Memorial

The Bombay High Court dismissed multiple petitions challenging the Maharashtra government's decision to convert the Mayor's Bungalow at Shivaji Park into a memorial for late Shiv Sena founder Balasaheb Thackeray.

A division bench comprising Chief Justice Alok Aradhe and Justice Sandeep V Marne ruled that no valid grounds were made out to interfere in the state's policy decision, holding that the site selection and legal formalities for the memorial were in compliance with statutory provisions.

The court was hearing four Public Interest Litigations (PILs) filed between 2017 and 2019, including those by activists Bhagvanji Rayani, Pankaj Rajmachikar, Santosh Daundkar and NGO Jan Mukti Morcha. The petitions raised objections to the conversion of the heritage bungalow into a memorial, citing violations of environmental laws, zoning regulations and alleged procedural lapses under the Maharashtra Regional and Town Planning (MRTP) Act.

The High Court, however, held that the land-use change - from green zone to residential - was valid and followed due process under the MRTP Act. The court further upheld the amendment to the Mumbai Municipal Corporation (MMC) Act, which allowed the Municipal Commissioner to lease the land to the Balasaheb Thackeray Rashtriya Smarak Trust at a nominal rate of Rs 1 per annum.

"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 rejected arguments that the Trust, composed in part of Shiv Sena leaders and Thackeray family members, lacked public character, noting that it included senior bureaucrats and municipal officials as trustees.

The bench further noted that the memorial project had received clearance from the Mumbai Heritage Conservation Committee and the Maharashtra Coastal Zone Management Authority (MCZMA), and that the structure had retained the heritage character of the original bungalow.

With the memorial's construction nearly complete, the court said it saw no reason to interfere. "The grandiose structure of Mayor's Bungalow has not only been kept intact but has been restored. Its heritage significance is not disturbed," the judgment read.

The state government had first announced plans for the memorial in 2015, and passed a resolution approving it in 2016. The land, valued at approximately Rs 205 crore, was officially earmarked for the memorial in 2019, following a public consultation process.

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."