Deposit ₹2.5L for PIL opposing shifting of SoBo fish market: HC to petitioner

The advocates for the petitioner contended that as the shifting was being done next to the fruit and vegetable market, it would inconvenience those who did not want to buy fish and hence the shifting should be stayed.

Mumbai: Questioning the authenticity and as a security, the Bombay high court has directed a petitioner to deposit ₹2.50 lakh for hearing his public interest litigation (PIL). The plea opposes BMC’s proposal to shift the wholesale fish market from Chhatrapati Shivaji Maharaj Terminus to Crawford Market.

The issue regarding the relocation of the fish market has been brewing since July 2021. After the HC had pulled up the Brihanmumbai Municipal Corporation (BMC) for operating the wholesale fish market in a building which was declared to be in a “precarious condition”, the civic body had submitted a plan to shift the traders and stated that the wholesale fish market would be relocated near Mahatma Jyotiba Phule Market or Crawford Market, as the fish market building was to be demolished and reconstructed. (Image for representation)

The division bench of acting chief justice Sanjay Gangapurwala and justice Sandeep Marne while hearing a PIL filed by Lahu Gund, who claimed to be a public-spirited person was informed by advocates Rajiv Narula and M A Khan that he was aggrieved by the shifting of the fish market. The advocates contended that as the shifting was being done next to the fruit and vegetable market, it would inconvenience those who did not want to buy fish and hence the shifting should be stayed.

The petition also refers to a report by Sangita Hasnale, assistant commissioner wherein it is stated that the existing fruit and vegetable market is housed in a heritage structure and as the fish storage uses salt it could damage the structure. The report further states that the odour and residue of the fish market would hamper the activities of the other markets.

“The proposed Mahatma Jyotiba Phule (MJP) market has a large portion of fruits, vegetables and other non-meat related products which could hamper the daily activity of the above due to the unpleasant odour from the fish,” says the report recommending shifting of the market to Airoli or Mulund check post.

However, after hearing initial submissions by the petitioners’ lawyers the bench noted in its order, “The petitioner is not remotely affected. Still, the counsel submits that it wants to proceed further with the PIL. To test the bonafide of the petitioner and as security, if cost is imposed upon the petitioner, and as per Rule 7A of The Bombay high court PIL Rules, 2010, the petitioner shall deposit a sum of ₹2,50,000 within four weeks.”

The issue regarding the relocation of the fish market has been brewing since July 2021. After the HC had pulled up the Brihanmumbai Municipal Corporation (BMC) for operating the wholesale fish market in a building which was declared to be in a “precarious condition”, the civic body had submitted a plan to shift the traders and stated that the wholesale fish market would be relocated near Mahatma Jyotiba Phule Market or Crawford Market, as the fish market building was to be demolished and reconstructed.