HC sets aside BMC’s permission to BJP-sponsored Chhatt Puja in Ghatkopar

Mumbai While holding that there was malice in the BMC’s rejection of the Shri Durga Parmeshwari Mandal’s application to organise Chhath Puja in Ghatkopar East on October 30 and 31, the Bombay high court set aside the order and directed the police to decide the plea for grant of an NOC

Mumbai While holding that there was malice in the BMC’s rejection of the Shri Durga Parmeshwari Mandal’s application to organise Chhath Puja in Ghatkopar East on October 30 and 31, the Bombay high court set aside the order and directed the police to decide the plea for grant of an NOC.

Thane, India - November 2, 2019: Indian Hindu devotees perform rituals during Chhat Puja while standing in the river in Thane masunda lake Thane. Devotees pay obeisance to both the rising and the setting sun during the Chhath festival when people express their thanks and seek the blessings of the forces of nature, mainly the Sun and the River, Thane.,India, on Saturday, November 2, 2019.( Praful Gangurde/HT Photo) (HT PHOTO)

The HC also set aside the permission granted to Atal Samajik Sanskruti Seva Pratisthan by the BMC to conduct the event.

The HC upheld the contentions of Durga Mandal, an NCP functionary and former corporator Rakhee Jadhav, that as it had intimated the civic body in July of their intention to organise various religious events in September and October Acharya Atre ground in Ghatkopar East, hence it was aggrieved by the rejection of their application for Chhatt Puja.

The vacation bench of justice N J Jamadar and justice Gauri Godse while hearing the petition filed by Durga Mandal was informed by advocate Aniruddha Joshi that the mandal had conducted two events on the ground during Ganpati and Navratri festivals which were attended by nearly 75,000 devotees.

In light of this, Joshi submitted that the mandal was aggrieved by the October 18 letter of the BMC officer, refusing them permission to organise the event on October 30 and 31. It was further submitted that the BMC had arbitrarily granted permission to the Pratisthan based on the letter of a local BJP functionary, though it had not applied for the same.

The bench was however informed by the BMC that though they had granted permission to the petitioner mandal, it had failed to secure the requisite NOCs from the local police, fire and traffic police department for the first two events and had not got the NOC from the Pant Nagar police hence their application was rejected.

In the previous hearing, senior advocate Anil Sakhare for the BMC had submitted that the civic authority was willing to grant permission to Durga Mandal to conduct Chhatt Puja at another ground in Ghatkopar, but the Mandal had refused the offer.

On Thursday, advocate Amogh Singh for the Pratisthan submitted that it had all the NOCs which the Mandal did not have one even now. Singh had submitted that the issue of NOCs could not be brushed aside and as per the BMC policy it could cancel permission without assigning any reason.

“Pratisthan has taken permissions before them. They have paid charges. Mandal has not done so, and they cannot say that they can use the ground for free without paying a penny. Just because the Mandal held two functions illegally, should they be allowed to continue holding it? They are saying it is political, but Pratisthan’s application was merely attached to the letter of the BJP corporator,” said Singh.

After hearing the submissions, the bench questioned the BMC as to why permissions for Ganpati and Navratri were not cancelled and the permission for Chhatt Puja was cancelled at the last minute. The bench noted that there was malice in the action of BMC as it had neither heard the Mandal nor informed them of lack of documents.

In light of this, the bench struck down BMC’s rejection of the Mandal’s application and also quashed the permission granted to the Pratisthan. The court has now directed the Pant Nagar police to take a decision on the NOC to the Mandal by Thursday and added, “It is made clear that the petitioner (Mandal) shall comply with conditions imposed by BMC.”

The court also rejected the suggestion by the Pratisthan to allow events of both the groups on the same ground after the additional government pleader submitted that as both groups were fighting in court the possibility of a law-and-order situation being created during the event could not be overlooked.