The Bombay High Court dismissed a public interest litigation (PIL) seeking directions to the authorities to prevent the commercial exploitation of the Late Pramod Mahajan Sports Complex in Kandivali for musical events, including one singer by singer Falguni Pathak to commence from September 26, 2022.
The High Court bench of chief justice Dipankar Datta and justice Madhav Jamdar questioned the bona fides of the PIL and said, " We take judicial notice of the fact that similar such events are organised in Navratri and the petitioner seems to have targeted only the present event. In our considered opinion, PIL smacks of lack of bonofide and therefore does not deserve consideration".
This Section permits the State to allot playgrounds for functions like Independence Day etc, or religious functions notwithstanding any other law or order in force.
The Court noted that the petitioner had failed to show how this provision was not complied with, or how any action contrary to the statute was taken, warranting court intervention. It noted that the function for which the land was being allotted was a religious function and a festival 'dear to the people of this region'.
The plea said Sanap came to know from media reports and booking platforms about the application by the organisers, Big Tree Entertainment Pvt Ltd, for hosting Navratri Utsav with Falguni Pathak for 10 days on the said playground and that ticket prices for the event range from Rs 800 to Rs 4,200. The petitioner said that Supreme Court and high court guidelines were not followed by state authorities while granting permission.
For the event organiser, senior counsel Mukesh Vashi added that the PIL has not made Sai Ganesh Welfare Association, Borivali to which the permission was granted, a party responded. He said that the PIL was filed belatedly.
Additional Government Pleader Abhay Patki, representing the state government, submitted that the permissions were granted as per Section 37A of the Maharashtra Regional Town Planning (MRTP) Act and there was no challenge by the petitioner to the constitutional validity of the same.