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Meherangir plea dismissed

On September 1, 2015 the Bombay High Court (BHC) dismissed a petition filed by Raam Dhuri, president of the National Forum for Aided Institutions Employees (Department of Atomic Energy) seeking directions to the union government to take an early decision on declaring Meherangir, the late Dr Homi Bhabha’s bungalow in Bombay, a national monument. The bench of Justices S. C. Dharmadhikari and B. P. Colabawalla took into consideration an order passed by another bench of the BHC in a similar petition, reported The Times of India on September 2, 2015. Dhuri’s petition had also sought directions from the BHC that the purchasers should not carry out any repair work pending the union government’s decision.
Earlier Dhuri, along with union leader Prashant Worlikar, had filed a public interest litigation which was disposed of by the court asking the petitioners to make a representation to the central government. However, Prime Minister Narendra Modi distanced himself from the demand and the Department of Atomic Energy issued a letter on August 26, 2015 to the Maharashtra government which had approached Modi, conveying its inability to declare Meherangir a national archeological site, reported The Indian Express on August 31, 2015. The structure did not qualify for the listing under the Ancient Monuments Act, 1958, as it was less than 100 years old, the ministry regretted.
The BHC’s decision has now paved the way for completing the sale formalities of the bungalow which was purchased by the Godrej family from the National Centre for the Performing Arts (NCPA) to whom the property had been bequeathed in the will of Dr Jamshed Bhabha, owner of the bungalow and founder of the NCPA, reported Daily News and Analysis on September 2. The Charity Commissioner had permitted the NCPA to go ahead with the sale of Meherangir and it was auctioned for Rs 372 crores on June 18, 2014 (see "Bhabha bungalow brouhaha,” Parsiana, July 7, 2014).
Written and compiled by Sherene Vakil