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Synopsis

The Bombay High Court has allowed the Kala Ghoda Association (KGA) to conduct its cultural festival at Cross Maidan after the association assured the bench that no refreshment or commercial stalls would be installed.

A division bench of Justice GS Patel and Justice Kamal Khata stated that it was permitting the KGA to organize the event, and from next year, the civic authority may grant permission subject to conditions laid down by the high court.

The high court stated that if someone wishes to deviate from the conditions laid down by the court, they will have to approach the high court for the same.

“We are not permitting slightest deviation from conditions laid down. If anyone seeks relaxation of those conditions or deviations or if applicant is someone else, application to be made to this court,” the order states.

The interim order was passed by the high court in the interim application filed by KGA in the main petition filed by the Organisation for Verdant Ambience and Land (OVAL), which challenged the permissions granted for commercial use of the land.

The division bench also recorded that if KGA uses any public garden or the ground, it would be required to return the ground to its original condition.

KGA was also permitted to file an application with the BMC for a waiver or reduction of the fee, and the BMC may decide on the application accordingly.

The high court has also asked KGA to file an undertaking stating that no commercial activity would take place on the ground, and the entry for the public would be free of cost.

OVAL’s petition is scheduled to be heard by the high court in February 2024.

Case title: Kala Ghoda Association vs OVAL