The Bombay High Court has dismissed a set of Public Interest Litigations (PILs) challenging the decision of the Maharashtra Government and Municipal Corporation of Greater Mumbai (MCGM) to establish the Balasaheb Thackeray Rashtriya Smarak at the Mayor's Bungalow located in Shivaji Park, Mumbai.
The Division Bench, comprising Chief Justice Alok Aradhe and Justice Sandeep V. Marne, ruled that the decision falls within the State’s policy domain and is beyond the scope of judicial review. The Court noted:
"Once the Petitioners do not dispute that a memorial to honour late Balasaheb Thackeray deserves to be set up, the choice of site made by the State Government and MCGM for setting up of the Memorial is something which would fall outside the scope of judicial review by this Court."
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Policy Decision Not Subject to Court’s Scrutiny
The court observed that matters such as site selection for a memorial and composition of a trust are purely executive decisions. Citing legal precedents, the Bench emphasized that judicial interference in such matters is limited unless a violation of fundamental rights is established.
“Matters of policy must be left to the Governments. Courts should not substitute their own judgment for that of the executive in such matters.”
Petitioners alleged that the zoning change—from ‘Green Zone’ to ‘Residential Zone’—was done without following the due process under the MRTP Act. However, the Court confirmed that all statutory procedures, including public objections and consultations, were followed as per law. The 22 January 2019 notification finalizing the land use change was deemed legally valid.
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“What is done is to merely change the label of the structure from ‘Mayor’s Bungalow’ to ‘Balasaheb Thackeray Rashtriya Smarak’, which doesn’t amount to altering the character of the Development Plan.”
Trust Formation Also Found Lawful
The PILs also questioned the structure of the memorial trust, which included members of the Shiv Sena and Thackeray family. The Court found no arbitrariness in including such members, especially given Balasaheb Thackeray’s role as the founder of the party and his significant public influence.
Criticism was raised regarding leasing valuable public land for ₹1 per year. The Court held that the provision under Section 92(dd-1) of the MMC Act, which allows such leases for public memorials, was enacted legally and was not manifestly arbitrary.
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“Petitioners have failed to plead, much less establish, any manifest arbitrariness in enacting Section 92(dd-1) of the MMC Act.”
Environmental and Heritage Compliance
The land, located in CRZ-II, was cleared by the Maharashtra Coastal Zone Management Authority (MCZMA), and the structure of the Mayor’s Bungalow was retained and restored to preserve its heritage character.
With the memorial almost completed, the Court stated that this too was a valid reason not to intervene.
“The grandiose structure of Mayor’s Bungalow has not only been kept intact but has been restored. Its heritage significance is not disturbed.”
All PILs were dismissed. The Court found no procedural illegality or arbitrariness in the State Government’s decision.
Case Title: Jan Mukti Morcha & Ors. vs. State of Maharashtra & Ors.