HC refuses to stay Rs 3,600 crore Shivaji statue
Shibu Thomas | TNN | Nov 3, 2018, 03:32 IST
Photo for representative purpose onlyMUMBAI: In a relief to Maharashtra government, Bombay high court on Friday refused to stay the 3,600 crore Chhatrapati Shivaji Maharaj memorial in Arabian Sea. A division bench of Chief Justice Naresh Patil and Justice Girish Kulkarni said the project was considered to be of "national importance", and it would leave the issue of expenses to the state government's "wisdom".
The court was hearing three PILs challenging its construction, citing high costs to be incurred by a cash-strapped state, and environmental concerns.
The other objection was about the Central government changing rules that dispensed with the condition in green rules with regard to a public hearing for such projects.
"The state has taken a policy decision," said the bench. "It is clear (from the state's affidavit) that a proper financial provision has been made and normal expenditure, which would be incurred by the state government on other necessary requirements, is not being affected. The state argued it contemplates a scheme which would be worked out inter alia to recoup cost of the project, which may include visitor fees. We will leave these issues and concerns of the petitioner to the state government's wisdom. Priorities of public needs are matters which lie completely in the state government's domain. We are sure the state government has given its appropriate consideration on all financial issues before taking a policy decision to undertake the project," the court said.
The other objection was regarding the Central government changing rules that dispensed with the condition in the environmental rules with regard to a public hearing for such projects. The clause, introduced in 2015, allowed for the public hearing rule to be waived if the Union ministry of environment and forests was satisfied that the work will not involve rehabilitation and resettlement of the public, or the site was away from human habitation.
The state said the memorial was in Arabian Sea.
It also said it had environmental and safety clearances for the project from 12 agencies.
The court was hearing three PILs challenging its construction, citing high costs to be incurred by a cash-strapped state, and environmental concerns.
The other objection was about the Central government changing rules that dispensed with the condition in green rules with regard to a public hearing for such projects.
"The state has taken a policy decision," said the bench. "It is clear (from the state's affidavit) that a proper financial provision has been made and normal expenditure, which would be incurred by the state government on other necessary requirements, is not being affected. The state argued it contemplates a scheme which would be worked out inter alia to recoup cost of the project, which may include visitor fees. We will leave these issues and concerns of the petitioner to the state government's wisdom. Priorities of public needs are matters which lie completely in the state government's domain. We are sure the state government has given its appropriate consideration on all financial issues before taking a policy decision to undertake the project," the court said.
The other objection was regarding the Central government changing rules that dispensed with the condition in the environmental rules with regard to a public hearing for such projects. The clause, introduced in 2015, allowed for the public hearing rule to be waived if the Union ministry of environment and forests was satisfied that the work will not involve rehabilitation and resettlement of the public, or the site was away from human habitation.
The state said the memorial was in Arabian Sea.
It also said it had environmental and safety clearances for the project from 12 agencies.
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