Mumbai: The Bombay High Court on Wednesday directed the Union government to file its reply to a petition seeking heritage protection for Savarkar Sadan in Dadar, once home to Hindutva ideologue Vinayak Damodar Savarkar.
PIL for Heritage Recognition
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing a public interest litigation (PIL) filed by Abhinav Bharat Congress, led by Pankaj Phadnis, which has urged that the building be declared a heritage structure.
Monument of National Importance
The petition has also pressed for its recognition as a “Monument of National Importance,” even though it falls short of the mandatory 100-year age requirement under current norms.
Petitioner’s Argument
Phadnis, who argues in person, sought that although the structure does not meet the mandatory 100-year mark to be declared as Monument of National Importance, it should be declared as one considering its importance. Drawing a parallel with Jinnah House, which enjoys heritage protection, Phadnis questioned the denial of similar recognition to Savarkar’s residence.
Status Quo & Redevelopment
Following this, the court called for a response from the Union government. He also pointed out to the bench that despite earlier court order directing parities to maintain status quo with regard to redevelopment of the Sadan, the authorities were going ahead with the redevelopment plans.
BMC Review Process
The Brihanmumbai Municipal Corporation (BMC) had earlier filed an affidavit stating that its Mumbai Heritage Conservation Committee (MHCC) has already reconsidered the issue and will soon forward a fresh recommendation to the Maharashtra government.
The review process had to be restarted after the state told the court that crucial files — including the BMC’s August 2010 recommendation to grant heritage status — were destroyed in the Mantralaya fire of 2012.
Opposition to Rehearing
Phadnis has all along opposed the rehearing, arguing that the state could simply rely on a copy of the 2010 letter. It argued that this fresh hearing will give an opportunity to the developer, who was not in the picture in 2010, “to catch the bus he missed”. He has further contended that third-party rights introduced in land records after 2010 should have no bearing on the heritage decision.
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Next Steps in Court
Meanwhile, the court allowed the developer seeking intervention to be added as a respondent and directed Phadnis to reply to the application. The matter will be heard after four weeks.
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