July 1, 2025: The Bombay High Court on Tuesday dismissed a series of public interest litigations (PILs) challenging the Maharashtra government’s decision to construct a memorial for the late Shiv Sena supremo, Bal Thackeray, at Shivaji Park in Mumbai.
The PILs contested the 2017 government resolution converting the old mayoral bungalow at Shivaji Park into a memorial, as well as the allotment of an adjacent plot for the same purpose. Petitioner Bhagwanji Riyani had argued that the land in question was classified as a ‘green zone’ in the development plan and should not have been repurposed.
A Bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne dismissed the petitions, affirming the legality of the government’s decisions. The PIL had also challenged the State’s allocation of Rs 100 cr for the project and amendments to the Mumbai Municipal Corporation Act that permitted the Brihanmumbai Municipal Corporation (BMC) to lease immovable property at a nominal rate of Rs 1 per annum.
The petitioner contended that public resources were being diverted for what he described as a private individual’s memorial, which could instead be used for essential services. In response, the Maharashtra government maintained that it retained the discretion to allocate land and funds for memorial projects of public interest.
In affidavits filed before the Court, both the BMC and the Mumbai Heritage Conservation Committee (MHCC) asserted that all requisite permissions were secured in accordance with law. The BMC confirmed that the ‘green zone’ classification was legally altered to ‘residential’ in 2018 under the Maharashtra Regional and Town Planning (MRTP) Act.
The MHCC, too, confirmed that it had granted no-objection certificates in 2018 and 2020 for the memorial and accompanying structures. The Court, satisfied with the procedural compliance, refused to interfere with the project.
Source: Bar and Bench
