Bombay High Court Allows Cross Maidan To Be Used For Kala Ghoda Arts Festival From January 20-28, With Conditions

The Bombay High Court on Tuesday granted permission to the Kala Ghoda Association (KGA) with certain riders to hold its annual arts and culture events at Cross Maidan in South Mumbai from January 20 – 28, 2024 as part of the Kala Ghoda Arts Festival.

A division bench of Justices Gautam S Patel and Kamal R Khata further dispensed with the necessity for the association to apply to the High Court every year, so long as they comply with the necessary conditions.

Among other conditions, the court said the permission is subject to an undertaking similar to the one it had given in 2018.

The interim application was filed by KGA in a writ petition filed by the Organization for Verdant Ambience and Land (OVAL) Trust challenging a Maharashtra state government resolution transferring control of Cross Maidan in Mumbai to the Municipal Corporation.

OVAL filed the petition in 2017, arguing that the state government resolution was illegal. The Bombay High Court initially prohibited the government from transferring the land to third parties during pendency of the case, without court permission.

The KGA, which organizes an annual arts festival in Mumbai, filed applications to intervene and get permission from the court to use Cross Maidan for its festival in 2018, 2019, 2020, 2023 and now wanted permission for the 2024 festival.

They submitted that the court has been granting the KGA permission to use the land for the festival each year, subject to certain conditions like no commercial activity on the land. The Association has been providing undertakings agreeing to the court's conditions.

For the 2024 festival, the Association sought a one-time permanent permission from the court to use the land annually for the festival without having to seek the court's approval each year. It also requested a waiver of the license fees charged for use of the land.

The High Court said KGA will not be allowed to set up refreshment stalls at Cross Maidan and all the events should be open to the public without a fee. Regarding the request for reduction or waiver in license fees, the court asked the authorities to consider it independently.

However, only KGA's further applications are dispensed with. Any other entity trying to use Cross Maidan would have to file a separate intervention application.

The court noted public authorities were restrained from allowing events at Cross Maidan without the prior approval of the High Court as the place was reserved for a play ground in the Development Plan (DP).

The high court listed the matter for final disposal in February 2024.