Chief Minister Devendra Fadnavis had announced the Thackeray memorial at the bungalow in November 2015.
The Brihanmumbai Municipal Corporation (BMC) on Thursday filed an affidavit in the Bombay High Court opposing a Public Interest Litigation (PIL) seeking to stall the construction of memorial for founder of Shiv Sena party, Late Bal Thackeray, at the Mayor's bungalow, in Shivaji Park.
The affidavit filed by Assistant Commissioner (Estate) Parag Masurkar states that the corporation has amended section 92 (dd-1) of the Mumbai Municipal Corporation Act thereby granting permission and allotting land at the Mayor's bungalow, to the Bala Saheb Thackeray Rashtriya Smarak. The amendment has also been approved by the state government, thereby allowing the lease of land on nominal charges for the memorial for a period of 30 years.
The affidavit was filed in response to a petition filed by social activist, Bhagvanji Raiyani, who has said that the memorial is being built in violation of the 2013 Supreme Court (SC) verdict and a circular issued by the Centre in 2014. Moreover, no memorial of any leader can be allowed in government bungalows.
Refuting the reliance on the apex court ruling, the affidavit says it is not applicable to the facts and circumstances of the present case. As the matter before the apex court was regarding unauthorised occupation of premises meant for accommodation of government officials.
The affidavit filed through Advocate Trupti Puranik also mentions that the PIL should be dismissed as it has not challenged the amendment made to the section and thus no interim relief of any sorts be given.
Chief Minister Devendra Fadnavis had announced the Thackeray memorial at the bungalow in November 2015. A committee led by Chief Secretary was constituted to look into sites for the memorial. After a preliminary study, the committee gave the nod for the bungalow as a suitable site.
Raiyani has also claimed in his petition that the society formed for the memorial should construct it on a plot owned by or purchased by it. Even public funds should not be utilised for its construction. The bungalow at Shivaji Park has been the official residence of Mayor of Mumbai since 1962.
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