The other structures they wish to construct include an underground art gallery or museum.
The Bombay High Court on Monday refused to grant interim relief to a registered society seeking permission to erect a permanent flag post among other structures to honour freedom fighter Lokmanya Tilak. The other structures they wish to construct include an underground art gallery or museum.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla, while asking the petitioners to study its recent order, which allows only four functions to be held annually at the chowpatty, said: "After going through our order, apply your mind and see if your plea is still maintainable." It has now posted the matter for further hearing on August 24.
The Lokmanya Tilak Swarajya Bhoomi Smarak Samiti, in its plea filed through advocate SB Talekar, has challenged the rejection order passed by the High Court appointed committee set up for the beautification and maintenance of the chowpatty.
The society had moved the committee seeking permission to construct a permanent flag post near the samadhi (the place where last rites were performed), claiming it has been granted permission by the Maharashtra Coastal Zone Management Authority.
Tilak, a freedom fighter and social reformer, died on August 1, 1920. His last rites were performed at Girgaon Chowpatty along the seashore instead of a crematorium. Last year, by passing a government resolution, the state changed the name of the area to Swarajya Bhoomi.
Talekar said, "We don't want funds or extra land from the government, we want to construct a museum/gallery and an entrance arch as a token of gratitude towards the contributions of Lokmanya Tilak."
Last month, the High Court had ruled that "beaches are an essential part of the environment; if the beach gets polluted it will violate the Fundamental Right under Article 21 of the Constitution of India, which entails the freedom to live in a pollution-free environment".
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