Petition updateNo More Statues

Fresh NOCs required for Changed location but Collector is silent

IC Rao MumbaiIndia
Feb 2, 2020

The proposal for a new statue for Shri Balasaheb Thackeray has been discussed since 2016 but the crucial reply is still awaited from the Collector of Mumbai regarding compliance with Supreme Court order of 18 Jan 2013 which states "We further direct that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places".

The entire project is kept pending keeping MCGM busy with plethora of messages, meetings and directives. The chronology is as follows: 

New statue of Shri Balasaheb Thackeray at SP Mukherjee Chowk

Chronology

21.10.1972    BMC regulation CR 1539 dated 21.10.1972 states that statues are not to be erected on pedestrian pathways. Permission is required.

2.2.2005         GR 3102/884/Pr no. 122/2002/21 dt 2 Feb 2005 issued by G.A.D.states ..  “No financing of statues by Govt. or Municipalities.Local people must finance statues. Collector must approve thru a committee of 5 designated officials as per guidelines 1 to 16 listed in GR e.g. future roads, ownership of land, maintenance etc”

17.8.2006      Resolution passed by MCGM that sanction be given to policy of not permitting erection of statues in traffic islands etc ... and all such erections be restricted to places of recreation etc...BMC regulation CR 1539 dated 21.10.1972 also refers.

18.1.2013      Order by Supreme Court

We further direct that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. Obviously, this order shall not apply to installation of high mast lights, street lights or construction relating to electrification, traffic, toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities.The above order shall also apply to all other states and union territories. The concerned Chief Secretary/Administrator shall ensure compliance of the above order.    S.L.P. (C) No. 8519 of 2006: 

3.10.2016      Proposal for new statue of Shri Balasaheb Thackeray initiated in a letter to Mayor by Standing Committee Chairman.Shri Yashodhar Phanse that  a statue be erected on traffic triangle opp Police HQ in SP Mukherjee Chowk, to Shri Balasheb Thackeray , inter alia protector of Hindutva.

25.10.2016    Note issued by Asst Commr A Ward, signed by Addl Commr(City) and MC.

Proposal to be approved by Committee of Collector + 5 as per GR 3102mdt 2 Feb 2005. To be approved by MCGM as exception to BMC regulation of 1972

8.12.2016      Exception to BMC Regulation of 1972 Approved

29.10.2016    Proposal for statue approved by Municipal Commissioner.

2.5.2017         GR 3116/Pr No. 308/29 dt 2 May 2017, states No funds can be allotted by Govt or Municipality. Amends GR of 2 Feb 2005. SC order of 18.1.2013 must be considered. Guidelines 1 to 21 to be followed.  Collector’s Committee will decide. BMC accepts exception to BMC rule of 21.10.1972

22.12.2017    Presentation to mumbai Heritage Conservation Committee re statue of  “Hindu Hriday Samrat Shiv Sena Pramukh Balasaheb Thackeray.”

Minutes of Meeting of 22.12.2017 state that DCP (Traffic) E.E.PWD and Chief Architect have given N.O.C. Dir JJ School of Arts has given advice asked for approval from Dte of Arts. Collector has mentioned SC Order of 18.1.2013. Committee has resolved N.O.C except SC Order to be checked by Collector.

29.12.2017    Meeting of MHCC.Collector agrees to check SC order of 18.1.2013

11.2.2019      Dy Dir Arts GOM letter to Asst Commr A Ward requesting Approval of Clay Model of statue.

15.2.2019      BMC Order Ref to GR 4317 dt 28.2.2018, MCGM MCP/1533 dt 17.3.2018      states that any statue, flagpole etc must erected only with permission.

13.3.2019      Dy Ch Engr Traffic BMC states that Road is not affected by Statue.

19.3.2019      Presentation to MHCC by Architectof HHSPBT Charitable Trust. 11’ high podium, 2 ft landscape, 9’ statue, sides to be reflective  6 mtr wide connected path required.  MHCC referred matter to collector as per  MOM of 29.12.2017, Collector was to checkSC order of 18.1.2013 however, Collector’s remarks not received. Also approval of Home Dept required. MHCC can consider proposal only after above points approved.

29.3.2019      Garden Supdt : Before cutting trees, permission of this Dept Required.

4.4.2019         Artist named SC Wadke Kalanagar

21.6.2019      NOC Received from PWD

15.7.2019      Dir of Art GOM,  to visit clay model, Chairman Prof VD Sable JJ Art University, Shri Madhukar Vanzari JJ Art Univ, Shri Nitin Mistry JJ Art Univ

27.9.2019      Letter from Director of Art “ The location does not look well”

11.10.2019    Asst commr A ward to Dir Arts “ Location was approved by Standing Committee and Yuva sena President, hence change not possible”

3.12.2019      Standing Committee Chairman Shri Y Jadhav requested Mayor to change the location of statue by 100m.

11.12.2019    3 member committee visited clay model “ model is acceptable to this Directorate”

13.12.2019    Chief of Vastu stated that  NOC are required from C.P.. Council of Architecture N.Delhi, with certified copy of Private Vastu Gyani, Location Plan scale 1:100 with Vastu Plan, Statue Clay model approval by Director of Arts.

18.12.2019    Revised Location proposed between CSMVS and NGMA sent to MC by Chitnis. Accepted after discussion

24.12.2019    Minutes of Meeting of MHCC issued to Asst Commr A Ward. Matter was discussed by MHCC 5.2.2019 and requested clearance first from Home Dept and Collector but compliance awaited.     Location change informed to MHCC telephonically. Hence revised proposal requested along with permission from Home Dept and Collector regarding permissibility of erection of statue as per Government Directives w.r.t Hon’ble Supreme Court Orders.

31.12.2019    Proposal Approved by M.C.“Though all approvals received for old location. fresh permissions are now required”.  Approval of 29.11.2016 to be cancelled. In view of GR of 2 May 2017, which states no funds can be provided by Govt or BMC, Prabhodan Prakasan Trust regd No. 11948 has submitted their desire to erect statue and “letter will be sent to Collector”.

1.1.2020         Note by MC, Addl MC(City), Dy Commr (Pr-1), Asst Commr ‘A’ Ward

Proposal from Standing Committee to be considered as per GR 3116 dt 2.5.2017.to be approved by Committee chaired by Collector  and NOCs to be obtained from 1. Executive Engineer ( Traffic) MCGM; 2. Garden Supdt; 3. Exec Engr PWD, City; 4. Jt Commr of Police (Traffic); 5. Commr of Police Mumbai; 6. Chief of Vastu; 7. Arts Director, JJ School of Arts; 8. Collector of Mumbai; 9. Heritage Conservation Committee MCGM; 10. Mumbai Commission for Arts, Music & Culture MCAMC ( opinion)

Exception from MC Order 21.10.1972 accepted only for this statue.

Proposal to be placed before MCGM Council

 

 

Copy link
WhatsApp
Facebook
Nextdoor
Email
X