Bombay HC Directs Union Govt To Respond On Savarkar Sadan Heritage Protection PIL

**Bombay High Court Directs Union Government to Respond on Heritage Protection for Savarkar Sadan**

*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, the former residence of Hindutva ideologue Vinayak Damodar Savarkar.

### PIL for Heritage Recognition

A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing a public interest litigation (PIL) filed by Abhinav Bharat Congress, led by Pankaj Phadnis. The petitioners have urged that Savarkar Sadan be declared a heritage structure.

### Monument of National Importance

The petition also presses for the building to be recognized as a “Monument of National Importance,” despite the fact that it falls short of the mandatory 100-year age requirement under current heritage protection norms.

### Petitioner’s Argument

Phadnis, who argued in person, contended that although Savarkar Sadan does not meet the 100-year age criterion, it deserves to be declared a Monument of National Importance due to its historical and cultural significance. Drawing a parallel with Jinnah House, which currently enjoys heritage protection, Phadnis questioned why similar recognition has been denied to Savarkar’s former residence.

### Status Quo and Redevelopment Concerns

Following the submissions, the court called on the Union government to respond to the petition. Phadnis also brought to the bench’s notice that despite an earlier court order directing parties to maintain the status quo concerning the redevelopment of Savarkar Sadan, authorities appeared to be moving forward with redevelopment plans.

### BMC Review Process

The Brihanmumbai Municipal Corporation (BMC) had earlier filed an affidavit stating that its Mumbai Heritage Conservation Committee (MHCC) has reconsidered the issue and will soon send a fresh recommendation to the Maharashtra government.

This review process was restarted after the state informed 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 consistently opposed the rehearing, arguing that the state could rely on a copy of the 2010 letter instead. He maintained that the fresh hearing would unfairly benefit the developer, who was not involved in the 2010 proceedings, giving them an opportunity they previously missed.

Further, Phadnis contended that third-party rights introduced in land records after 2010 should not impact the heritage status decision.

### Next Steps in Court

Meanwhile, the court permitted the developer seeking intervention to be added as a respondent and directed Phadnis to reply to the application.

The matter is scheduled for further hearing in four weeks.

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https://www.freepressjournal.in/mumbai/bombay-hc-directs-union-govt-to-respond-on-savarkar-sadan-heritage-protection-pil

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