Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.SONAK, JITENDRA JAIN
D.V.M. Patel – Appellant
Versus
State of Maharashtra, through the Government Pleader – Respondent
| Table of Content |
|---|
| 1. trustees operating a heritage building sought legal protection. (Para 1) |
| 2. public trust status of the building. (Para 2 , 3 , 4 , 5) |
| 3. concerns about damage from metro construction. (Para 6 , 12 , 14 , 19) |
| 4. pre-construction concerns address impact on the heritage structure. (Para 7 , 8 , 9 , 10) |
| 5. vibrations from construction activities raise significant concerns. (Para 15 , 16 , 17 , 18) |
| 6. monitoring instruments and care requirements. (Para 22 , 23 , 34) |
| 7. expert committee intervention to ensure heritage safety. (Para 25 , 26 , 29) |
| 8. legal obligation to protect heritage structures. (Para 40 , 50 , 52) |
| 9. restoration obligations set for the fallen limestone finial. (Para 63 , 64 , 66) |
| 10. pmmrc's obligation to restore fallen structures. (Para 71 , 72) |
JUDGMENT :
(M.S. Sonak, J.)
1. Heard learned counsel for the parties.
2. The Petitioners are the Trustees of the Jamsetjee Nesserwanjee Petit Institute, a public charitable trust registered under the provisions of the Maharashtra Public Trust Act, 1950 and a society registered under the Societies Registration Act, 1860. The trust inter alia has founded and operates the J. N. Petit Reading Room and Library since 1856.
3. T
The court emphasized the necessity of protecting heritage structures from developmental impacts while allowing the petitioners to seek further legal remedies concerning any damage post-construction.
The court's decision underscores the deference to expert opinions in matters concerning the preservation and demolition of heritage buildings, emphasizing the importance of safety considerations and ....
The court affirmed that expert assessments regarding the safety and structural integrity of heritage buildings are paramount in decisions about their preservation or demolition.
Actions would be taken to verify that the existing structure is in accordance with the existing Development Permission and only thereafter, Building Usage Permission would be granted.
The Court held that the TAC was not required to carry out non-destructive tests in the case of a load-bearing structure and that the TAC had considered all the relevant factors before classifying the....
The court ruled that the tomb in question does not qualify as an ancient monument under the Ancient Monuments Preservation Act, emphasizing the need for a comprehensive master plan for development.
Building owners have a constitutional obligation to ensure structural safety, and neglect renders them accountable for harm arising from collapses.
Doctrine of public trust was thus applied in the above context by the Supreme Court as it aimed at interfering with the course of the river and also affect the forest. In the present case, there is n....
Doctrine of Public Trust - Doctrine of public trust has been violated and breached by respondents in coming up with new academic block within precincts of Pratap Vilas Palace. - Palace is not a publi....
The court emphasized the importance of preserving the authenticity of historic buildings and the need for legal measures to ensure safety and stability.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
