Meherangir PIL dismissed

The Bombay High Court (BHC) on September 17, 2014 disposed of a Public Interest Litigation (PIL) filed by two scientists of the Bhabha Atomic Research Centre contesting the auctioning of Meherangir, the bungalow where the late Dr Homi Bhabha had resided, and seeking for it to be declared a national monument. The bungalow, which was bequeathed by Dr Jamshed Bhabha to the National Centre for the Performing Arts (NCPA) in 2007, was bought for Rs 372 crores by Smita Godrej Crishna at a public auction held on June 18, 2014 (see "Bhabha bungalow brouhaha,” Parsiana, July 7, 2014). Justice Mohit Shah, heading a division bench, dismissed the PIL granting no relief to the petitioners.

Meherangir: claims and contentions

However, since the scientist petitioners contended that they had documentary evidence to prove that the bungalow at Malabar Hill was over a century old and should be declared a historical national monument, the judge permitted them to approach the central government with their claim. The central government had earlier informed the BHC that the bungalow, being less than 100 years old, could not be accorded that status, reported The Times of India (TOI) on September 18, 2014.
The state government too has sought time to receive feedback from the municipal commissioner before giving Meherangir heritage status. TOI mentions that in August this year the Mumbai Heritage Conservation Committee had in its report stated that the bungalow "does not warrant a heritage listing” as it was not Bhabha’s birthplace, he did not live out his entire life there and he owned just one-third of the property. After the demise of his parents and his own untimely death, his brother Jamshed became the sole owner.
The NCPA, a charitable organization, was losing Rs 5.5 lakh each day (by way of interest) during the pendency of the petition, its counsel Iqbal Chagla informed the BHC. Also, the PIL was delaying the conveyance of the property to the new owners who have already paid up 50% of the amount. Senior counsel Aspi Chinoy, appearing for Godrej Crishna assured the BHC that his client had no intention of demolishing or redeveloping the structure for at least six months as the state government had plans to "explore the feasibility of listing the bungalow as a historical structure under the development laws.”