Land allotment for Thackeray memorial valid, legal: HC told

The BMC Thursday told the Bombay High Court that due process of law has been followed before allotting land in central Mumbai to set up a memorial for late Shiv Sena supremo Bal Thackeray.

The Brihanmumbai Municipal Corporation also said the land was allotted at a "nominal" rate of Re 1 for a lease period of 30 years and that such allotments had been made in the past for setting up of memorials of revered persons.

The civic body filed its affidavit on Thursday before a bench of Chief Justice N H Patil and Justice N M Jamdar, in response to two petitions filed by activist Bhagwanji Rayani and NGO Jan Mukti Morcha, challenging the government's decision to convert the Mayor's bungalow in Shivaji Park into a memorial for the late Shiv Sena supremo.

The petitions were filed in April 2017 when the government had proposed to set up the memorial.

The BMC affidavit filed by Parag Masurkar, assistant commissioner (estate), claimed that as per amendment to section 92 (dd-1) of the Maharashtra Municipal Corporations Act, the civic body chief can grant lease of any property/land owned by the BMC to any person/trust at a nominal rate of Re 1 per year.

"The plot in question at Shivaji Park has been allotted to the Balasaheb Thackeray Rashtriya Smarak Trust at a nominal rate of Re 1 per year for a lease period of 30 years considering the aims and objectives for social and public purposes," the affidavit said.

The corporation, in its affidavit, added that this was not the first time such a decision was taken and that in the past land was leased at nominal rates to public trusts for setting up of memorials of revered persons.

"The allotment in favour of the Balasaheb Thackeray Rashtriya Smarak is valid and legal and done after following due process of law," the affidavit said.

The government's counsel Milind Sathe on Thursday told the court that such decisions of the state government cannot be questioned by way of a public interest litigation before the court of law.

"Unless there is violation of law or rules, the state government's decision to set up a memorial for a revered person cannot be put under judicial review," Sathe said.

The bench posted the petitions for hearing after two weeks.

The petitions challenged the government's decision allocating Rs 100 crore budget for the memorial.