Case Note & Summary
The present public interest litigations challenged the decision of the State Government to set up Balasaheb Thackeray Rashtriya Smarak at the site of Mayor's Bungalow located at Shivaji Park, Dadar, Mumbai. The petitions were filed by Jan Mukti Morcha, Pankaj Rajmachikar, Bhagvanji Rayani, and Santosh Daundkar. The respondents included the State of Maharashtra, the Municipal Corporation of Greater Mumbai, and other authorities. The dispute arose from a series of governmental actions, including Government Resolution dated 27 September 2016 approving the memorial and constitution of a trust, amendment to Section 92 of the Mumbai Municipal Corporation Act, 1888 by inserting clause (dd-1) to enable lease of land at nominal rent, notice dated 7 September 2017 for change of reservation, cabinet decision dated 20 December 2018 granting stamp duty exemption, and notification dated 22 January 2019 sanctioning change of land use from Green Zone to Residential Zone. The High Power Committee, constituted on 4 December 2014, had recommended the Mayor's Bungalow site among eight options, noting that the land admeasured 11,323 sq.mts and had market value of approximately Rs.205 crores, with a portion leased to Keralia Mahila Samajam. The land was originally reserved for Mayor's bungalow under DCR 1991 and was in Green Zone, but in draft DCPR 2034 it was shown as residential and commercial. The HPC also noted that the land fell under CRZ-II. After the government resolution, an ordinance was issued on 3 January 2017 and later an amendment act to insert clause (dd-1) in Section 92. The MCGM Improvement Committee and General Body passed resolutions in January and February 2017 to allot the land. The state communicated terms on 6 July 2017, requiring modifications of reservation and approvals from Heritage Committee and MCZMA. Notice under Section 37(1AA) was published on 7 September 2017, and after objections, the Deputy Director submitted a report on 11 December 2017. The Development Plan 2034 was sanctioned on 8 May 2018, with corrigendum on 29 June 2018 and modification sanctioned on 30 June 2018. The final notification dated 22 January 2019 changed the label from Mayor's Bungalow to Balasaheb Thackeray Smarak and altered land use from Green Zone to Residential Zone. The petitioners argued that the change of use violated MRTP Act, particularly Section 31(1), as no fresh public notice was issued after corrigendum, and that direct deletion of Green Zone was illegal. They also contended that Municipal Gymkhana was illegally converted for Mayor's new bungalow, reducing public amenities, and that Mayor's role under MMC Act is ceremonial without statutory mandate for a bungalow. The court heard arguments from Mr. Sen and Dr. Warunjikar for petitioners, but the final decision and reasoning were not included in the extracted text. The judgment was reserved on 24 June 2025 and pronounced on 1 July 2025.
Headnote
A) Land Use Law - Modification of Development Plan - Section 37(1AA) and Section 31(1) Maharashtra Regional Town Planning Act, 1966 - Petitioners contended that change of reservation and land use from Green Zone to Residential Zone was effected without following statutory procedure; Notice dated 7 September 2017 under Section 37(1AA) was only for change of label, not for deletion of Green Zone; final Notification dated 22 January 2019 directly altered zoning without fresh public consultation. (Paras 1, 6, 8)
B) Municipal Law - Lease of Municipal Land for Private Purpose - Section 92 clause (dd-1) Mumbai Municipal Corporation Act, 1888 - Amendment authorized Municipal Commissioner to lease land to Trust at nominal rent of Rs.1 per annum for 30 years; Petitioners challenged the amendment as enabling alienation of public land for non-public purpose. (Paras 1, 5)
C) Administrative Law - Public Trust and Government Resolution - Maharashtra Public Trusts Act, 1950 - Government Resolution dated 27 September 2016 approved setting up of Memorial and constitution of Trust; HPC recommended public trust to manage memorial; issue of whether such entrustment of public land to private trust is permissible. (Paras 2, 4)
D) Environmental Law - Coastal Regulation Zone Compliance - CRZ-II restrictions - Land falls in CRZ-II, developmental activities must comply with DCR 1991; State required approvals from Heritage Committee and MCZMA; issue of environmental compliance for memorial. (Paras 3, 6)
E) Public Law - Judicial Review of Policy Decisions - Arbitrariness and Irrationality - Petitioners argued decision-making process suffered from gross arbitrariness and irrationality; selection of Mayor's Bungalow among 8 sites; challenge to conversion of Municipal Gymkhana for Mayor's new bungalow reducing public amenities. (Paras 3, 8-9)
Issue of Consideration
Whether the decision to set up Balasaheb Thackeray Rashtriya Smarak at Mayor's Bungalow site, including Government Resolution dated 27 September 2016, amendment to Section 92 of Mumbai Municipal Corporation Act, 1888, notice under Section 37(1AA) MRTP Act, and notification dated 22 January 2019 changing land use, is legally valid and in compliance with statutory procedure.
Final Decision
Not mentioned in provided excerpt; final decision of the Court was not included in the extracted text.
Law Points
- Statutory procedure under Section 37(1AA) MRTP Act for modification of development plan must be followed
- Change of land use from Green Zone to Residential Zone requires prior public notice under Section 31(1) MRTP Act
- Municipal Commissioner empowered to lease municipal land under Section 92 clause (dd-1) MMC Act
- Government Resolution dated 27 September 2016 approved memorial and trust
- Land under CRZ-II can be developed only as per DCR 1991
- Public amenities like Municipal Gymkhana cannot be arbitrarily converted without statutory compliance
Case Details
2025 LawText (BOM) (07) 106
PIL (L) No. 81 of 2017 with PIL No. 40 of 2019, PIL (L) No. 51 of 2017, PIL No. 9 of 2019
Alok Aradhe, CJ; Sandeep V. Marne, J
Mr. Sunip Sen, Senior Advocate with Ms. Rujuta Patil and Mr. Yohaan Shah i/b Negandhi Shah & Himayatullah; Dr. Uday Warunjikar; Mr. Darius J. Khambata, Senior Advocate with Mr. Joel Carlos i/b Mr. Yogesh Patil & Mr. Tushar Hathiramani; Smt. P.H. Kantharia, Govt. Pleader with Mrs. Jyoti Chavan, Addl. GP; Smt. Jyoti Chavan, Addl. GP; Mr. Milind More, Addl. GP; Mr. A.Y. Sakhare, Senior Advocate with Ms. Chaitalee Deochake i/b Ms. Komal R. Punjabi; Mr. Vishal Kanade i/b Ms. Jaya Bagwe; Mr. Santosh Daundkar, Petitioner-in-person
Jan Mukti Morcha, Pankaj Rajmachikar, Bhagvanji Rayani, Santosh Daundkar
State of Maharashtra & Ors.; Secretary, Ministry of Environment Forest and Climate Change & Ors.
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Nature of Litigation
Public Interest Litigations challenging establishment of Balasaheb Thackeray Rashtriya Smarak at Mayor's Bungalow, Shivaji Park, Dadar, Mumbai, and related governmental decisions.
Remedy Sought
Quashing of Government Resolution dated 27 September 2016, amendment to Section 92 of Mumbai Municipal Corporation Act, 1888, notice dated 7 September 2017 under Section 37(1AA) MRTP Act, notification dated 22 January 2019 sanctioning land use change, and Cabinet decision dated 20 December 2018 granting stamp duty exemption.
Filing Reason
Alleged illegal change of land use from Green Zone to Residential Zone without statutory procedure, arbitrary selection of public land for memorial, reduction of public amenities, and grant of lease at nominal rent.
Previous Decisions
High Power Committee recommendations dated 19 May 2015; Government Resolution dated 27 September 2016; Mumbai Municipal Corporation (Amendment) Ordinance, 2017 dated 3 January 2017; Amendment Act, 2017; MCGM Improvement Committee resolution 13 January 2017; General Body resolution 27 February 2017; State Government letter 6 July 2017; Notice under Section 37(1AA) 7 September 2017; Deputy Director report 11 December 2017; Sanction of Development Plan 2034 8 May 2018; Corrigendum 29 June 2018; modification sanctioned 30 June 2018; Cabinet decision 20 December 2018; Notification 22 January 2019.
Issues
Whether Government Resolution dated 27 September 2016 approving memorial and trust is legally valid.
Whether amendment to Section 92 of MMC Act inserting clause (dd-1) is within legislative competence and public interest.
Whether change of land use from Green Zone to Residential Zone by notification dated 22 January 2019 violated Section 31(1) MRTP Act.
Whether notice under Section 37(1AA) dated 7 September 2017 sufficiently complied with statutory procedure for modification of development plan.
Whether non-issuance of fresh public notice after Corrigendum dated 29 June 2018 vitiated the modification process.
Whether conversion of Municipal Gymkhana for Mayor's new bungalow illegally reduced public amenities.
Submissions/Arguments
Mr. Sen, senior advocate for PIL/40/2019, argued that change of use of Mayor's Bungalow was in gross violation of MRTP Act, as zoning change from Green Zone to Residential Zone was effected without prior public notification or consultation.
Mr. Sen submitted that direct deletion of Green Zone in final notification dated 22 January 2019 was illegal and contrary to Section 31(1) MRTP Act, and Section 37(1AA) notice could not justify such deletion.
Mr. Sen contended that no fresh notice was issued after Corrigendum dated 29 June 2018, denying statutory opportunity of hearing.
Mr. Sen argued that Municipal Gymkhana was illegally converted for Mayor's new bungalow, reducing public amenities, and that Mayor's role under MMC Act is ceremonial without statutory mandate for a bungalow.
Dr. Warunjikar, counsel for PIL(L)/81/2017, submitted that the entire decision-making process suffered from gross arbitrariness and irrationality.
Ratio Decidendi
Not mentioned in extracted text; final reasoning and ratio decidendi were not provided in the available portion.
Judgment Excerpts
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.
The HPC recommended that bungalow of Mayor of Mumbai located at Shivaji Park, Dadar, Mumbai was most suitable for setting up of the Memorial.
That Notification dated 7 September 2017 issued under Section 37(1AA) of the MRTP Act cannot justify deletion of Green Zone under DCPR 2034.
Procedural History
The Government of Maharashtra constituted a High Power Committee on 4 December 2014 to scout for land and generate funds for a memorial. The HPC submitted recommendations on 19 May 2015, selecting Mayor's Bungalow site. Government Resolution dated 27 September 2016 approved the memorial and trust. Mumbai Municipal Corporation (Amendment) Ordinance, 2017 was issued on 3 January 2017 inserting clause (dd-1) in Section 92 of MMC Act, followed by Amendment Act, 2017. MCGM Improvement Committee resolved on 13 January 2017 and General Body on 27 February 2017 to allot land. State Government communicated terms on 6 July 2017 requiring modification of reservation and approvals from Heritage Committee and MCZMA. Notice under Section 37(1AA) MRTP Act was published on 7 September 2017; suggestions and objections were received, and Deputy Director of Town Planning submitted report on 11 December 2017. Draft Development Plan 2034 was sanctioned on 8 May 2018, with Corrigendum dated 29 June 2018; modification was sanctioned on 30 June 2018. Cabinet decision dated 20 December 2018 granted stamp duty exemption. Notification dated 22 January 2019 changed the label and land use from Green Zone to Residential Zone. Petitions were filed thereafter and heard; judgment was reserved on 24 June 2025 and pronounced on 1 July 2025.
Acts & Sections
- Mumbai Municipal Corporation Act, 1888: Section 92, clause (dd-1)
- Maharashtra Regional Town Planning Act, 1966: Section 37(1AA), Section 31(1)
- Maharashtra Public Trusts Act, 1950:
