Mumbai, Jul 14 (PTI) The Bombay High Court on Tuesday dismissed a petition challenging the construction of a memorial for freedom fighter Tatya Tope at a site in Yeola in Nashik district claiming it was an agricultural land.

A division bench of Chief Justice Dipankar Datta and Justice Anuja Prabhudessai was hearing a petition filed by social worker Anand Shinde challenging the Yeola Municipal Council's decision to change the site for a monument in memory of the freedom fighter.

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The petitioner claimed that the site, which has now been identified by the council, is part of an agricultural land and therefore, not conducive for a monument.

The court, while dismissing the petition, noted that it was filed almost a year after an advertisement was issued by the council inviting bids for the construction of the memorial on the earmarked site and that selection of land was essentially a decision within the administrative domain.

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The court noted that the permission to construct the monument at the earmarked site was granted in December 2017.

In 2018, the Maharashtra State Ministry of Tourism and Cultural Affairs had approved the proposal and even the Central government had sanctioned substantial funds to the extent of 75 per cent of the estimated costs.

"More than Rs 2.5 crore has already been spent towards construction as on date. Substantial expenses from public funds have been incurred towards construction of the monument. To interfere at this stage would certainly result in wastage of public funds, which would not be in furtherance of public interest," the court said.

The court also noted that where a monument ought to be constructed must be left to the executive to decide and such a decision could be challenged only if there is gross abuse of law.

"In the present case, no such material is available on the basis whereof the petitioner can legitimately claim that there has been breach of any provision of law," the court said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)