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Justifying its decision to award 100 crores of rupees to the proposed memorial to Bal Thackeray, the Maharashtra government said Thursday at the Bombay High Court that it was within its discretion to award land or money to a monument for a personality and that it could not be questioned
The government presented its arguments in the Divisional Courts of Chief Justices NH Patil and NM Jamdar, who were hearing two petitions challenging the state's decision to convert the bungalow from the mayor of downtown Mumbai into a memorial for the founder of Shiv Sena, Bal Thackeray.
The petitions were filed by activist Bhagwanji Rayani and NGO Jan Mukti Morcha in April 2017, when the government proposed to create the memorial.
When the petitions were heard for the hearing on Thursday, the petitioners' lawyers, Pradeep Havnur and Uday Warunjikar, sought to modify the pleaded grounds so as to also challenge the decision of the BJP-led government to 100 crores of rupees at the memorial. The decision was made earlier this week.
Havnur argued that the amount could be used for other important problems facing the state, while Warunjikar claimed that the whole machine was mobilized for an individual.
The lead counsel, Milind Sathe, appeared for the government, objected to the petitions, saying it was at the discretion of the state to determine how much land or money should be allocated to a government. memorial.
"It is up to the state government to decide whether a person deserves a memorial or a statue, questioned in court," said Sathe.
The court, while subscribing to this badertion, however, stated that the court could challenge the manner in which a decision was made.
It allowed the applicants to modify their arguments. challenge the allocation of 100 crores of rupees and order the government and the municipality of Brihanmumbai to file their affidavits by 12 February.
The court also addressed a notice to a government trust, "Balasaheb Thackeray Rashtriya Smarak Samiti", created in September 2016 to ask for explanations about the memoir, asking for its answer on the matter.
The applicants also raised objections to the creation of the trust. private persons.
"The six permanent members are Uddhav Thackeray (head of Shiv Sena) and (his son) Aaditya Thackeray.If it is a government trust, how can anyone be made private permanent members?", A asked Warunjikar.
The petitions also challenged a recent amendment to a provision of the Municipal Corporation of Mumbai Act authorizing the head of the civil agency to rent real estate property owned by BMC, to any person at a nominal rate of Re 1 per year.
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