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Justices Nijamoodin Jamadar and Gauri Godse allowed a petition by the Shri Durga Parmeshwari Seva Mandal and two others (including former NCP corporator Rakhee Jadhav) to go ahead with Chhath puja on October 30-31 at the Acharya Atre Maidan, Ghatkopar according to BMC permission granted on August 24.
The mandal had challenged BMC’s October 18 order revoking an earlier permission given to construct an artificial pond for Ganesh/Gauri visarjan, Navratri and Chhath puja. On the same day, permission was given to the Atal Samajik Sanskruti Seva Pratisthan based on an August 22 letter by former BJP corporator Balchandra Shirsat.
The BMC said the mandal had earlier violated conditions of the August 24 permission and did not submit requisite NOCs in time. If there were violations at Ganesh Chaturthi and Navratri, the BMC could have immediately cancelled the permission. “You were sitting quietly. To give respondent 6 (pratisthan) you invented this, that they have violated permissions,” said Justice Godse.
“We are of the view that this is clearly a case of abuse of power,” said Justice Jamadar.
Advocate Aniruddha Joshi, for the mandal, said no show cause notice was issued and there were no violations. He pointed out BMC had endorsed only Shirsat’s letter.
The pratisthan’s advocate Amogh Singh said his client’s application was attached to Shirsat’s letter. “There is no acknowledgement the corporation has processed your application,” said Justice Godse.
In the order, the judges noted that fire and traffic authorities had granted NOCs before BMC cancelled the mandal’s permission (see box). On October 15, Pant Nagar police wrote as it had given NOC to the pratisthan, it may lead to a law and order problem if NOC is also granted to the mandal. “It does not imply the Pant Nagar police refused to grant NOC,” they added. The judges concluded the BMC’s “action can only be termed arbitrary and unreasonable”. They directed the Pant Nagar police to decide on the mandal’s application fast.
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