HC refuses to allow functions on roads
Functions cannot be allowed on roads, the Bombay high court observed on Friday, while refusing relief to an organisation that wants to hold a ‘Mahalanth Sammelan’ at Zaveri Bazar.mumbai Updated: Mar 26, 2011 01:18 IST
Functions cannot be allowed on roads, the Bombay high court observed on Friday, while refusing relief to an organisation that wants to hold a ‘Mahalanth Sammelan’ at Zaveri Bazar.
A division bench of chief justice Mohit Shah and justice Ranjana Desai observed, “The programme is to be held right on the road, There is no question of granting permission for the programme.”
The court was hearing an application filed by Aaram Nagrik Sangh seeking permission to hold the function on Shaikh Memon Street in Zaveri Bazar on March 27.
Initially, the Sangh had approached the LT Marg police station, which denied permission saying it would be in breach of noise pollution rules. The police also justified the denial of permission saying last year some “objectionable items” had been performed.
Government pleader Dhairyasheel Nalavade opposed the petition saying the function would be held in the middle of the road.
“A lot of people come out for shopping on Sundays and the programme may cause inconvenience to the public,” Nalavade said.
Advocate for the Brihanmumbai Municipal Corporation (BMC) also informed the court that they had denied permission because the function was to be held on the road.
The Sangh contended that the function had been held in the same locality for the past six years.
This year, too, it would be on Sunday so that the public would not be inconvenienced, the petition said.
The public interest litigation was filed by Dr Yeshwant Oke and Sumaira Abdulali seeking implementation of noise pollution rules and identification of silence zones in the city.
Their advocates Rohan Cama and Ishwar Nankani argued that the function site comes under the silence zone and as per the Supreme Court's order permission should not be granted.
The high court disposed of Sangh’s application and asked the police to consider permission afresh on merit and not under noise pollution norms.