D.V.M. PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The Petitioners are the Trustees of the Jamsetjee Nesserwanjee Petit Institute, a public charitable trust registered under the provisions of the Maharashtra Public Trust Act, 1950 and a society registered under the Societies Registration Act, 1860 . The trust inter alia has founded and operates the J. N. Petit Reading Room and Library since 1856.

(3.) This petition concerns the building known as the "J. N. Petit Institute," along with an arcade constructed on the land bearing C.S. No. 702 of Fort Division, in the Neo-Gothic Revival style, dated 1898. This structure features various ornamental, decorative, and distinctive elements, including a circular staircase tower, bouquets, finials, and tower turrets that shape its silhouette. The petitioners have stated that this building has an extremely shallow foundation, only around three metres deep, and extends beyond the superstructure of the building. It is acknowledged that this building is a Grade II A Heritage Structure and is regarded as one of the landmark properties along D.N. Road, Fort, Mumbai.