The Mumbai Municipal Corporation gave permission to Radha Builders to construct an underground market beneath a garden of historical importance. Mohammad filed a public interest litigation before the Mumbai High Court challenging the Corporation’s permission on the grounds that the market would change the historical garden into a terrace garden. Decide.
TheSayeed Answered question March 15, 2024
Facts of the Case:
- The Mumbai Municipal Corporation granted permission to Radha Builders for constructing an underground market beneath a historically significant garden.
- Mohammad files a public interest litigation (PIL) before the Mumbai High Court, objecting to the Corporation’s decision, arguing that the construction would alter the garden’s historical significance.
Issue in the Case:
- Whether Mohammad can successfully challenge the Corporation’s permission for constructing the underground market through a public interest litigation.
Principle:
- Article 49 of the Indian Constitution mandates the state to protect monuments, places, or objects of artistic or historical significance from spoliation, disfigurement, destruction, removal, disposal, or export.
- Entries 67 and 40 of the Seventh Schedule of the Constitution pertain to ancient and historical monuments, archaeological sites, and remains of national importance.
- Laws such as The Ancient Monuments and Archaeological Sites and Remains Act, 1958, and The Antiquities and Art Treasures Act, 1972, are enacted to protect such sites.
Judgment:
- Mohammad can successfully file a public interest litigation before the Mumbai High Court challenging the Corporation’s permission for constructing the underground market.
- Article 49 of the Constitution and related legislation mandate the protection of monuments and historical sites.
- The construction of the underground market beneath a historically significant garden may compromise its historical importance and violate constitutional provisions.
- The case is similar to MI Builders Vs. Radhey Shyam Summary (1999) 6 SCC 464, where the Supreme Court held that construction in a historically significant park was illegal and violated the public trust doctrine.
- Allowing such construction may deprive residents and visitors of the quality of life and violate Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
- Therefore, the Mumbai Municipal Corporation’s permission for the construction of the underground market can be successfully challenged through a public interest litigation.
TheSayeed Answered question March 15, 2024