'Playgrounds Rare In Mumbai' : PIL In Bombay High Court Against Any Construction At Shivaji Park Amid Demands For Lata Memorial

A PIL has been filed in the Bombay High Court against construction of any memorial in the future at the iconic Shivaji Park ground and for guidelines to protect the park in the wake of a political tussle over building late singing legend Lata Mangeshkar's memorial there.

Soon after Mangeshkar's demise on February 6, and cremation at Shivaji Park, BJP leaders in opposition demanded her memorial to be built there. However, the State Cabinet led by the ruling Shiv Sena decided that her memorial would be an international Music Academy in Kalina.

The academy would be built at an approximate cost of Rs 1200 crore, and spread across 2.5 acres.

Prakash Belwade's PIL which was submitted before the Cabinet's decision states that the construction of Lataji's memorial at Shivaji Park would set a wrong precedent as it is one of the few playgrounds/open spaces left in the city.

Significantly, it seeks to secure the ground in the future by formulating guidelines to 'protect the playground and adjacent area of Shivaji Park, to preserve its legal status and historical, heritage-wise importance.

"In view of the increasing population, sinking open spaces by which playgrounds in city are becoming a rare phenomenon. Parks, playgrounds are an important element for healthy growth of a society since the children learn to socialize, hone their skills and inculcate a sense of community," the petition states.

The petition prays for directions not to construct any further memorials at the Shivaji Park or for using the playground as funeral places in future.

"The apprehension which compels the petitioner to approach this Hon'ble Court is from the single reason that earlier memorial of Late Balasaheb Thackeray was built at Shivaji Park and recently, i.e. on 6.02.2022 after the unfortunate demise of Lata Mangeshkar, her last rites were performed at Shivaji Park.

The Petitioner has immense respect for both of the legendary personalities who gave shape to the State of Maharashtra in their own capacities…However the Petitioner is also desirous to protect the playground and the flora and fauna adjacent to the playground."

Grounds

Shivaji Park, with an inner circumference of 1.17 kms was built pursuant to the civic body's scheme in 1918 for the development of Mahim District. It is an open space and park for recreational purposes. It was named Shivaji Park in 2020.

The park is surrounded by a gymnasium, children's playground, a park for the elderly called Nana-Nani Park, the Scout's Pavilion, a Hindu temple and a community library.

It is known as the cradle of Indian cricket and it is home to eight cricket clubs with the likes of Sachin Tendulkar, Sunil Gavaskar and Ajit Wadekar having trained here. The petitioner states that the ground is also a witness to freedom struggles.

Following directions by the High Court in a writ petition, a Government Resolution was issued on January 20, 2016 declaring that Shivaji Park will be used as playground and giving out a list of other functions which will be allowed for a maximum of 45 days in a calendar year.

"The Petitioner states Section 37-A of the Maharashtra Regional and Town Planning Act provides for the power of the State for temporarily altering the usage of a playground. But it has to be temporary and cannot be permanent. Thus, once an area is declared as playground it cannot be used for any other purpose."