THE ALLAHABAD High Court has allowed the holding of Durga Puja in public parks on the condition that parks are not damaged and no public nuisance or inconvenience is caused or created.
While disposing of a writ petition filed by Ashok Nagar Durga Puja Committee and another, a division bench comprising Justice AK Yog and Justice RK Rastogi, directed that the committees holding ‘Puja’, ‘Worship’, ‘Ratri Jagran’, Social Orgnanisations, ‘Samitis’, other organisations, individuals etc shall be allowed by the Allahabad Development Authority and Nagar Nigam or local bodies to hold function, festivities, social, political, religious activities etc on such reasonable terms and conditions. The court further directed that the organisers would have to ensure that parks were not damaged nor public nuisance or inconvenience was caused or created.
The court directed that some conditions would have to be attached while granting permission to hold function in a public park. First and foremost condition was that no shop/stall and the like would be installed or placed inside the park. Second, use of loudspeaker, if permitted, would be subject to restriction as may be in the force under relevant law.
Third, concerned Nagar Nigam/ADA/local body may determine the amount, if any, to be deposited as security or user charge.
{{/usCountry}}Third, concerned Nagar Nigam/ADA/local body may determine the amount, if any, to be deposited as security or user charge.
{{/usCountry}}Fourth, the court directed that the organisers should keep the parks and its vicinity neat and clean, and check that no public nuisance was caused by permitted activity in question. “No posters shall be allowed to be pasted/fixed.
Banners, if fixed, shall be removed”, the court said.
Finally, permission should be accorded subject to ‘no objection’ by the person/party/corporation/organisation, if any, which has been permitted or allowed a particular park to maintain the same.
The court made it clear that this order was passed in peculiar circumstances of the case. “This order is not to be treated as precedent in future”, the court said.
Bai Ka Bagh Barwari Durga Pooja Committee had also filed an application in the writ petition filed by Anand Mohan, a noted social worker. They had requested the court to permit Durga Puja in a public park at Bai Ka Bagh in Allahabad.
To recall, this court had earlier directed the ADA not to grant permission on any condition to hold public functions, meetings, marriage party, fair etc after December 31, 2005.