The Brihanmumbai Municipal Corporation (BMC) was tasked by the Bombay High Court on Wednesday to consider enforcing a deterrent policy against people who violate the terms of permits granted for the construction of pandals during Ganesh Utsav and other festivals. The court also heard the request that the violators were to be banned from the future events
The NGO Prameya Foundation filed a PIL asking the civic body to take strict action against the organizers who violate the requirements imposed to erect pandals and dug up roads that result in potholes, causing problems for the citizens. A division bench consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor handled the case.
The petition asked for a directive to the BMC not to issue an authorization to the ineligible organizers and those who had already paid fines for damaging public roadways.
In a submission on behalf of the BMC, attorney Purnima H. Kantharia outlined the BMC's strategy for granting licenses to various pandals during festivals as outlined in Section 3 of the Mumbai Municipal Corporation Act.
According to BMC regulation, if organizers break the terms of their permission, they would lose the money they put down as a deposit.
However, the petitioning NGO pointed out that the previously mentioned criteria were insufficient and ineffective. Despite losing their deposits, the violators continue to commit the same violations in the future.
According to the petitioner, applications for pandal registration started being accepted on Tuesday and if conditions are broken during the forthcoming festive season this year, pandal organizers will be prohibited from organizing pandals in the next year. According to the NGO, some significant organizers, including the "Lalbaug cha Raja" Ganesh Utsav Mandal, have been breaking the rules.
“Having regard to the contents of the PIL, what we notice is that the concerns raised in the PIL need to be addressed. It is common knowledge that those who seek permission to erect pandals during the festival season and ceremonies are supposed to leave the roads in the same conditions. Some of them violate conditions and on account of their conduct, some or other damage is caused to roads, which unnecessarily causes difficulty to the pedestrians and other users of the roads,” the bench observed.
The bench added, “In this view, we are of the opinion, some decision, maybe a policy decision has to be made by a competent authority of the Municipal Corporation in respect of the petitioner’s prayer. Accordingly, we dispose of the plea with direction to the BMC to take a decision in respect of prayer and shall take into account averments of the petition and treat the petition as representation.”
According to the court, the BMC must decide within six weeks of the day the petition copy was produced by its authorized representative.
© Copyright 2023. All Rights Reserved Powered by Vygr Media.
