Bombay High Court suggests that BMC bring deterrent policy against festival pandals causing road damage

The Bombay High Court on Wednesday suggested that the Brihanmumbai Municipal Corporation (BMC) to consider introducing a stringent police to deter festival organisers from violating conditions imposed on them while granting permissions for erecting pandals during festivals, including for the upcoming Ganesh Chaturthi celebrations..A division bench of Chief Justice DK Upadhyaya and Justice Arif Doctor observed that roads get damaged during the conduct of festivals and erection of pandals, leading to difficulties for pedestrians. A policy decision could take care of this issue, the Court opined. .“Those who seek permission to erect pandals during the festival season and ceremonies are supposed to leave the roads in the same conditions. Some of them violate conditions and on account of their conduct, some or other damage is caused to roads, which unnecessarily causes difficulty to the pedestrians and other users of the roads. In this view, we are of the opinion, some decisions, may be a policy decision that has to be made by a competent authority of the Municipal Corporation in respect of the petitioner’s prayer,” the Court said. .The Court was hearing a public interest litigation (PIL) filed by an NGO, Prameya Foundation seeking strict action against those who violate conditions imposed by the BMC and cause road damage. The plea urged the Court to restrain BMC from granting permission to the such errant organisers and those who have been levied fines for digging public roads..Advocate Purnima Kantharia, representing the BMC, explained its policy in such cases. She apprised the Court that in case of any violation of conditions, the amount deposited by an organiser would stand forfeited.The NGO, however, maintained that this policy was insufficient and that it was not effective since it was not deterrent enough. It claimed that various organisers, including those who put up pandals at Lalbaug, Mumbai, had been violating the conditions during Ganesh Utsav festival every year..The NGO informed the Court that applications for registration of pandals had begun since August. The NGO contended that pandal organisers must be restrained from next year if they violate any condition during the upcoming festival season this year. The Court disposed off the plea with a direction to BMC to consider the petition as a representation. The Court also suggested that the BMC consider segregating organisers who had violated conditions and not repaired roads in 2022.