The Bombay High Court in the case observed and has sked the Municipal Corporation of Greater Mumbai, MCGM to consider drafting a policy wherein Ganesh Utsav or other festival organisers are found violating the permission norms and are denied for the permission for future events.
The PIL was moved by NGO Prameya Foundation wherein it is alleged that the pandal organizers are violating the norms by digging up roads to erect the pandal and leave the roads in a sorry condition after the festival, while causing inconvenience to organizers.
The plea filed seek the directions to MCGM for imposing an additional deterrent on organizers by denying future permission and levying hefty fines for digging public roads.
The Division bench comprising of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor in the case observed and has disposed of the PIL moved with the direction to the MCGM in order to consider enacting a policy based on the prayers in the petition by treating the petition as a representation.
Adding to it, the court stated that the policy decision has been made by competent authority of the municipal corporation in respect of the petitioner’s prayer.
The counsel, Advocate Purnima H Kantharia appearing for the MCGM submitted before the court that the civic body’s existing policy for such violations under section 3 of the Mumbai Municipal Corporation Act.
It has been stated that as per the policy if the organizer violates any of the conditions the amount deposited by them while applying for permission shall be forfeited.
It has also been pointed out by the said NGO that the NGO was not sufficient deterrent as organizers continue to violate norms in the future.
Further, the PIL moved seek that the pandal organizers who violate norms during the upcoming festival be restrained off from putting up pandals from next year.
It has also been mentioned by the NGO that Lalbaugcha Raja Ganesh Utsav mandal as one of the violators.
The bench in the case observed that the concerns raised in the PIL need to be addressed and it being the common knowledge that those who seek permission to erect pandals during the festival season and the ceremonies are supposed to leave the roads in the same condition. Therefore, some of them violates the condition and the damage is being caused to roads, which unnecessarily causes difficulty to the pedestrians and other users of the roads.
Accordingly, the court dispose of the plea.
