Bombay HC refuses to grant permission against BMC circular for Navratri celebration at ground

A part seat of Justices Mahesh S Sonak and Kamal R Khata passed an bid successful plea by Best Quarry Hanumanji Seva Sanstha challenging September 16 connection by BMC.

The petitioner done advocator Shriniwas C Singh submitted that their Hanuman Mandir had to beryllium demolished nether the tribunal orders owed to reasons attributed to the developer. Singh submitted that the petitioner Sanstha was celebrating Garba/Navratri astatine the temple earlier. Singh submitted that the civic assemblage had fixed support to different idiosyncratic successful breach of its ain circular successful 2022 and it should not person rejected the petitioner’s plea.

However, the seat recovered ‘no merits; successful either of the grounds raised by the petitioner.

It noted that BMC’s impugned bid relied connected its March 2013 circular and the consequent corrigendum that permitted celebrating Ganesh Utsav, Navratri, Ramleela, Durga Puja and different specified festivals lone connected sports grounds wherever specified festivals person been traditionally celebrated anterior from earlier March, 2021.

“The Circulars adhd that isolated from specified sports grounds, nary permissions volition beryllium granted successful different sports grounds, amusement grounds oregon gardens,” it noted.

The Court observed that the petitioner was neither capable to supply immoderate details nor was its lawsuit that the permissions were being granted to acrophobic grounds successful Andheri oregon specified festivals were being celebrated determination anterior to March 2012. ” Thus, the impugned connection is rather accordant with BMC’s policy, arsenic reflected successful the Circulars,” it noted.

It added that assuming permissions were fixed to different idiosyncratic successful 2022, the statement that BMC has committed illegality successful 1 substance and truthful it should not beryllium compelled to perpetrate another, cannot beryllium considered.

“That is not the import of the equality clause successful Article 14 of the Constitution. Besides, the writ tribunal exercising equitable jurisdiction cannot contented specified writs against the BMC to enactment against its circulars oregon against its avowed argumentation arsenic reflected successful its circulars,” the seat said and held that it cannot assistance immoderate alleviation to petitioner.

However, the tribunal directed the BMC to supply petitioners with a database of grounds wherever they could use for support and if exertion is made, it should beryllium considered by the civic assemblage arsenic per successful expeditious mode and if immoderate abstraction is available.