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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, SANDEEP V.MARNE
Jan Mukti Morcha – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenges regarding the establishment of the memorial. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments against the memorial site selection. (Para 8 , 9 , 10 , 11 , 12) |
| 3. arguments against the site selection and process of trust formation. (Para 14) |
| 4. court's view on policy decisions related to memorial establishment. (Para 18 , 19 , 20 , 21 , 22) |
| 5. discussion on legality of amendments to mmc act. (Para 23 , 24 , 25 , 26) |
| 6. assessment of procedural adherence in decision-making. (Para 27 , 28 , 29 , 30 , 31) |
| 7. status and completion of the memorial project. (Para 32 , 33) |
| 8. final dismissal of the petitions. (Para 34) |
JUDGMENT :
Sandeep V. Marne, J.
1) These Petitions, filed in public interest, take exception to the decision of the State Government in setting up Balasaheb Thackeray Rashtriya Smarak (the Memorial) at the site of Mayor’s Bungalow located at Shivaji Park, Dadar, Mumbai. Though all the petitions oppose setting up of the Memorial at the site of Mayor’s Bungalow, different prayers are sought in each Petition. Broadly speaking however, the challenge in the Petitions relate to:-
(i) Government Resolution dated 27 September 2016 granting approval for setting up of
Courts should not interfere in the executive's policy decisions regarding memorials unless fundamental rights are infringed or gross procedural impropriety is shown.
The court affirmed that MCD's land use changes from park to school are valid as they conform to approved zoning and demonstrate the necessity for school playground facilities.
The central legal point established in the judgment is the interpretation and application of the provisions of the Maharashtra Regional and Town Planning Act, 1966, specifically regarding the vesting....
Modification of land reserved for public purposes requires valid legal processes, including notification and consultation with affected parties, as determined by relevant sections of the Town Plannin....
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