JAN MUKTI MORCHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Petitions, filed in public interest, take exception to the decision of the State Government in setting up Balasaheb Thackeray Rashtriya Smarak (the Memorial) at the site of Mayor's Bungalow located at Shivaji Park, Dadar, Mumbai. Though all the petitions oppose setting up of the Memorial at the site of Mayor's Bungalow, different prayers are sought in each Petition. Broadly speaking however, the challenge in the Petitions relate to:-

(2.) The Government of Maharashtra decided to erect a memorial to commemorate late Balasaheb Thackeray, founder of Shiv Sena Party and a political leader having substantial influence in the State of Maharashtra, particularly in Mumbai. Accordingly a High Power Committee (HPC) was set use vide Government Resolution dtd. 4/12/2014. The HPC was given a mandate inter alia to scout for land for setting up the Memorial, generate funds therefor, make recommendations for setting up of Memorial, etc. The HPC submitted its recommendations on 19/5/2015 after considering 8 different sites for setting up of the Memorial. The HPC recommended that bungalow of Mayor of Mumbai located at Shivaji Park, Dadar, Mumbai was most suitable for setting up the Memorial. The HPC also recommended that a public trust registered under the provisions of Maharashtra Public Trusts Act, 1950 (MPT Act) be set up for carrying out the work of erection of the Memorial. The HPC recommended that though the land would continue to be in the ownership of the Municipal Corporation, the same be allotted on lease to the Trust for a period of 30 years on payment of nominal rent of Rupee 1 per year.

(3.) This is how the site bearing the land at CTS No.501 as well as CTS No.1495 together with Mayor's bungalow standing thereat admeasuring 11,323 sq.mts. with constructed portion of 1,085.54 sq.mts. was selected by the HPC for construction of the Memorial. The HPC found that out of the recommended land, portion admeasuring 362.85 sq.mts. was granted on lease in favour of Keralia Mahila Samajam. The market value of the land was approximately assessed at Rs.205.00 crores. The HPC observed that in the Development Control Regulations, 1991 (DCR 1991) the land was reserved for Mayor's bungalow and coming under Green Zone. The HPC also found that in the draft Development Control and Promotion Regulation, 2034 (DCPR 2034) the land which was not reserved for any purposes, came under residential and commercial zone. The HPC also recommended that the land comes under CRZ-II and could be developed only in accordance with DCR 1991.