HC permits Kala Ghoda festival at Cross Maidan

The division bench of justice RD Dhanuka and justice MM Sathaye while hearing the petition of KGA was informed that it was seeking permission to conduct the festival at the Maidan as per the directions issued by an earlier bench of the HC in 2017

Mumbai: The Bombay high court (HC) on Thursday permitted the Kala Ghoda Association (KGA) to conduct their nine-day long art and cultural festival from February 4-12 at Cross Maidan, provided the association submit a written undertaking that it would not set up stalls offering refreshment and undertaking commercial activities at the venue.

Mumbai, India - February 7, 2017: Youngsters near art installation at HT Kalaghoda Arts Festival in Mumbai, India, on Tuesday, February 7, 2017. (Photo by Pratham Gokhale/ Hindustan Times) (Pratham Gokhale/HT PHOTO)

The division bench of justice RD Dhanuka and justice MM Sathaye while hearing the petition of KGA was informed that it was seeking permission to conduct the festival at the Maidan as per the directions issued by an earlier bench of the HC in 2017.

However, the Organization for Verdant Ambience and Land (OVAL), a public trust, opposed the petition by filing an interim application. Senior advocate Navroz Seervai said that OVAL was opposing the KGA petition as they would set up commercial stalls which were not permitted by the HC order.

In 2017, OVAL challenged a government resolution which transferred the responsibility of maintaining Cross Maidan from the Collector to the Brihanmumbai Municipal Corporation (BMC). At the time, HC had by way of interim order restrained the Mumbai Collector from allotting Cross Maidan to any third party without prior permission of the court. The court had held that as the maidan was earmarked as a playground in the development plan commercial exploitation of the same could not be allowed.

Thereafter, in 2018, KGA filed a petition seeking permission from HC to use the Cross Maidan to display art and set up refreshment stalls during the festival. After KGA gave an undertaking that it would not set up food stalls and not conduct any commercial activity the court permitted the collector to allot the maidan to conduct the festival. The bench had further held that any musical event hosted by the organisers would have to be free of cost and open to citizens.

In light of the said order, KGA filed a petition in December 2022 seeking permission to set up visual arts events, performances and refreshment stalls at the Cross Maidan during the period of the festival in February 2023.

On Thursday, advocate Siddhi Doshi for KGA informed the bench that the festival was a not-for-profit enterprise and offered space for art at a nominal fee to those wanting to put up displays and entry into the festival was free of cost. The bench was told that KGA was in the process of obtaining permissions from the civic body, police and the Collector.

After hearing the submissions, the bench clarified that it would grant permission only if KGA gave an undertaking to not erect commercial and other refreshment stalls, to which the association agreed. Thereafter the KGA was granted permission to display art on the maidan during the festival period.