HC asks BMC to penalise organisers for damaging roads to set up Ganesh pandals

Bombay HC directs BMC to ensure compliance with laws during Ganeshotsav, levy fines for violations. Court suggests stricter measures against repeat offenders.

Mumbai: In order to ensure that mandals are adhering to laws while celebrating Ganeshotsav and leaving the roads and footpaths in an undamaged condition, the Bombay high court (HC) has recently directed the Brihanmumbai Municipal Corporation (BMC) to put in place a mechanism to ensure the effective compliance of the permissions or levy fines in case of violations.

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A bench presided by chief justice DK Upadhyaya and justice Arif Doctor was listening to a plea by Prameya Welfare Foundation, seeking directions for the municipal corporation to not grant future permission for the erection of pandals and temporary structures for festivals and ceremonies to mandals / organisers, who have previously violated the conditions of the permissions granted to them under section 317 (commissioner may permit booths, etc, to be erected on streets on festivals) of the Mumbai Municipal Corporation Act, 1888.

Purnima Kantharia, the counsel for the municipal corporation, stated that as per the current policy of the municipal corporation, a deposit is taken from the mandals/organisers which is subsequently forfeited in case of violations and the permission granted is withdrawn. The counsel, however, conceded that this policy is ineffective since the same violators, despite this, erect pandals/structures in the ensuing year despite forfeiture of deposit. There is no deterrent which safeguards against such future violations, she said.

“It is common knowledge that those who seek permissions to erect pandals or any temporary structures on the occasions of festivals and ceremonies are supposed to leave the roads and footpaths in an undamaged condition, however, on account of their negligent conduct, some or the other damage is caused to the roads and footpaths which unnecessarily causes difficulties to the pedestrians and other users of the road.” the court stated while suggesting that the municipal corporation may also consider levying fines in case of violations.