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Synopsis

The Bombay High Court has sought a response from the Brihanmumbai Municipal Corporation (BMC) in a petition filed by a citizen regarding the illegal setup of a 'Fun Fair'.

A division bench of the High Court, consisting of Justice GS Kulkarni and Justice Firdosh Pooniwalla, was hearing a plea filed by the citizen, alleging that the 'fair', in his vicinity in Powai extended beyond stalls and included large high-raised swings and a giant wheel.

The petitioner argued that the installation of swings posed a risk to the lives of citizens residing in the vicinity, thereby infringing upon their rights guaranteed under Article 21 of the Constitution of India.

The plea highlighted that the BMC, on November 2, 2015, issued a circular stipulating that for conducting fairs, permission must be sought not only from the BMC but also from other authorities, including the health department and food authorities.

The petitioner contended that despite making representations before the authorities, which were acknowledged, no steps were taken.

The high court, in its order, remarked that the fairs being conducted now involve a significant amount of commercial activities, and the number of people visiting has also increased.

“In our view, there are seminal issues raised in this petition. We may observe that in the earlier times such fairs/festivals were traditionally organized in the local areas in small proportions during festive seasons, however, over the years the magnitude of these fairs, which used to be small and manageable, has undergone a massive change, now involving lots of commercial activities on all fronts. Also, the numbers of people visiting such fairs have exponentially increased,” the order reads.

The division bench also noted that there are concerns related to overcrowding, fire hazards, hygiene, noise pollution, and other disturbances that adversely impact the peaceful living conditions of the residents in the vicinity.

“In our opinion, such changed scenario of these fairs would certainly involve better control, administration and management, inasmuch as, there would be serious issues of safety of the visitors from the point of view of children / visitors using different equipments installed by the persons whose credentials/origin a common man may not know. Also there would be concerns of safety of food available at the stalls, which may be large in number. There would also be issues of over crowding, fire, hygiene, noise pollution and other disturbances adversely affecting the peaceful living of the residents in the vicinity, as contended by the petitioner which itself would be a fundamental right,” the order states.

The high court also mentioned that it will need to assess whether public lanes and roads, which are not designated places for large "fun fairs" or any recreational activity of such nature, can be permitted for such events.

Further, it will also have to consider whether such permissions can be granted, albeit in a restrictive manner, with appropriate safeguards and controls to preserve the traditional celebration of such fun fairs.

The division bench directed the authorities to examine the petitioner's representation and submit their affidavit regarding the role of individual authorities in granting permission.

Additionally, the high court asked the municipal commissioner of the relevant ward where the fair was being conducted in Powai to file a response, explaining whether rules and regulations, including those under the Health Department of the Municipal Corporation, are being adhered to, and whether permissions are granted for setting up such stalls.

Case title: Javed Shaikh vs State of Maharashtra