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The high court was hearing a public interest litigation filed by Prameya Welfare Foundation which sought direction to be issued to the Municipal Corporation of Greater Mumbai, preventing the granting of future permissions for erecting pandals and temporary structures to those mandals/organizers who have violated conditions of previously granted permissions
The Bombay High Court, led by Chief Justice Devendra K Upadhyaya and Justice Arif Doctor, directed the Brihanmumbai Municipal Corporation (BMC) to devise a mechanism to prevent pandals that have previously violated granted permissions from repeating the same actions.
“The Municipal Corporation to take a decision in respect of prayer clause (a) of the PIL Petition as extracted hereinabove so as to ensure that there is a mechanism which effectively ensures that those granted permission under Section 317 of the Mumbai Municipal Corporation Act, 1888 do not repeat the same,” the high court said.
The high court was hearing a public interest litigation filed by Prameya Welfare Foundation which sought direction to be issued to the Municipal Corporation of Greater Mumbai, preventing the granting of future permissions for erecting pandals and temporary structures to those mandals/organizers who have violated conditions of previously granted permissions.
The BMC's counsel informed the bench that in case of any violation of the terms and conditions of the permission, the deposit would be completely forfeited, and the permission granted for erecting the temporary structure would be withdrawn.
However, the counsel for the petitioner emphasizes that this condition does not effectively work, as the same violators continue to erect pandals/temporary structures in the following years, despite the forfeiture of the deposit and that there is no effective deterrent to ensure that they do not indulge in such violations in the future.
The high court while remarking that a policy needs to be framed by BMC observed that,
“It is common knowledge that those who seek permissions to erect pandals or any temporary structures on the occasions of festivals and ceremonies, are supposed to leave the roads and footpaths in an undamaged condition, however, on account of their negligent conduct, some or the other damage is caused to the roads and footpaths which unnecessarily causes difficulties to the pedestrians and other users of the road,” the bench observed
The high court said that the decision should be taken within 6 weeks from the date of order.
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