Bombay High Court Dismisses All PILs Against Bal Thackeray Memorial

Although the memorial for late Shiv Sena chief Bal Thackeray in Dadar is nearly complete, its future has remained uncertain for the past seven years due to several public interest litigations (PILs) filed against the project. However, on Tuesday, the Bombay High Court dismissed all the petitions, clearing the path for the memorial’s completion. The PILs were filed by Bhagwanji Rayani, Pankaj Rajmachikar, Jan Mukti Morcha, and Santosh Daundkar. While preliminary hearings had taken place before different benches of the court, a final hearing had not occurred for years, leaving the matter pending since 2017. Eventually, a bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne conducted the final hearing on June 24 and reserved its verdict, which was delivered on Tuesday, dismissing all the petitions.

The project had been challenged on several grounds—such as the allocation of the Mumbai Mayor’s Bungalow and surrounding land for the memorial, the alleged illegal change of land use, and the leasing of the land (valued at approximately Rs 1,200 crore) to the trust for just Rs 1 per year for 99 years instead of at market value.

The petitioners clarified they were not opposed to the memorial itself, but argued that legal procedures had not been followed. They claimed the statutory process of issuing notices and inviting objections for land-use change had not been carried out properly. They also stated that because the Mayor's Bungalow had to be relocated to the site of the BMC Sports Complex, the public had suffered losses.

The petitioners further contended that members of Bal Thackeray’s family were appointed as lifetime trustees to the trust overseeing the project, making it ineligible to be considered a public/government trust. They also argued that changes to land laws had been made specifically to avoid paying the market price, which, in their view, was an improper concession for a public memorial.

Also Read: Shaktipeeth Expressway: Farmers Block National Highways, Hold Massive Statewide Protest Against Proposed Nagpur-Goa Expressway (Watch Video)

In contrast, the state government, the BMC, and the trust argued that the project was executed only after carrying out due legal processes, including making amendments to relevant laws and inviting public objections through proper notices. They highlighted that the government had previously leased land to other public trusts and this was part of policy decisions, not favoritism. Hence, all allegations were baseless.

Taking the state and municipal authorities’ defense into account, the High Court rejected the petitions.

The trust also brought to the High Court's attention that: "The memorial is nearly complete. Importantly, the Mayor's Bungalow has been retained as part of the project and restored in accordance with heritage regulations. The surrounding environment, including the trees, has been preserved as is."