Maintain status quo on land for Thackeray’s memorial: HC

The Bombay High Court on Friday directed the Brihanmumbai Municipal Corporation (BMC) to maintain ‘status quo’ at the site wherein the civic body proposed to construct the Bal Thackeray memorial.

A Division Bench presided over by Justice Naresh Patil and Justice Shalini Phansalkar-Joshi was hearing a petition filed by Keraleeya Mahila Samaj, having possession of the land next to Mayor’s Bungalow in Shivaji Park. The petitioners had challenged the notice issued by the BMC in March last year.

According to the petitioners, the civic body through its notice had asked them to hand over the possession to it for its ‘noble cause’ of constructing the Thackeray memorial. The petitioners claimed that the civic body threatened them of forcible eviction if they do not comply with their orders within a period of 30 days.

The petitioners contended that they have been conducting various activities especially for women and senior citizens. They also contended that the civic body’s notice was not in accordance with law.

On the other hand, the civic body claimed that it has special powers to acquire land. The civic body told the bench that it would not be in position to exercise its powers, if the court intervenes in the case.

After hearing both the sides, the bench suggested them to settle the dispute in an amicable manner. Justice Patil said, “We are of the opinion that both the parties must try to amicably settle down the dispute. We are also of the opinion that the BMC must issue a fresh notice under the provisions of the Mumbai Municipal Corporation Act.”