Mumbai: It is the prerogative of a civic authority to earmark the site for constructing a monument, said the Bombay High Court on Tuesday while refusing to stay the construction of the statue of Tatyarao Tope in Yeola district.
A bench of Chief Justice Dipankar Datta and Justice Nizamoodin Jamadar however, said that courts could only interfere in such issues if there is any breach of law.
The bench was dealing with a PIL filed by one Anand Shinde challenging the decision of the Yeola Municipal Council to change the location of the site for setting up of a monument in the memory of the martyr Tatya Tope. He claimed that the site which has now been identified by the municipal council is part of an agricultural land and therefore, not conducive for a monument to be set up.
Shinde accordingly, urged the bench to stay the construction work, until the matter is heard finally and an order is passed.
Opposing the plea, the advocate appearing for the municipal council submitted that the tender was floated in December, 2018 and upon selection of the bidder, the work has progressed to the extent of 50 per cent at the earmarked site. The counsel further argued that there has been no infirmity in the decision making process warranting any judicial interference.
Having heard the contentions, CJ Datta said, "Prima facie, we are not inclined to grant any interim relief to Shinde for the belated approach made by him."
The bench noted that the PIL petition was presented in the second half of
December, 2019. "Also, it is for the municipal council to select the site for setting up of the monument and unless breach of any provision of law is demonstrated, the Court ought to stay at a distance. In that view of the matter, we reject the prayer for interim relief," CJ Datta observed.
The bench, has however, ordered the Yeola civic council to file its say in the matter, within 10 days.
