Anticipating Stampede Like Situation, Bombay HC Allots Larger Area For Annual Christmas Music Festival To Be Held At Girgaum Chowpatty [Read Order]

The said trust which has been conducting Christmas Music Festival to celebrate the birth of Lord Jesus Christ at Girgaum Chowpatty since 1965. However, the permission granted was for a designated area of 4180 sq.meters.

The bench of Justice SJ Kathawalla and Justice BP Colabawalla observed that over the years people attending the said festival has increased substantially. As per the petitioners almost 25,000 people now attend the said festival. Hence, if the organizers were asked to hold the event within the confines of the said designated area, the possibility of a stampede cannot be ruled out, Court said.

At the said festival scheduled to be held on December 15, Churches across Mumbai come together and celebrate Christmas by singing Christmas carols. The Christmas Music Festival was started initially by Tara Cherian, wife of the former Governor of Maharashtra Late PV Cherian and the very first woman Mayor in independent India.

Senior Advocate Mihir Desai appeared on behalf of the petitioner trust and Senior Advocate AY Sakhare for Municipal Corporation of Greater Mumbai.

Desai told the Court that the Collector of Mumbai has himself observed that the number of people attending Christmas Music Festival, has substantially increased and thereby approved the usage of 18,000 sq. meters of Girgaum Chowpatty for the purpose of holding the said festival.

In 2017, Collector approved the usage of further larger area of 25,000 sq. meters at Girgaum Chowpatty. Also, the concerned Authorities have already granted the permissions, petitioners argued.

In an order dated October 13, 2015, another division bench of the High Court had incorporated the guidelines formulated by the Monitoring Committee for the purpose of organizing the events at Girgaum Chowpatty. The guidelines specifically permitted the celebration of Christmas Music Festival at Girgaum Chowpatty. However, the permit was only for the designated area of 300 x 150 sq.ft, which is 4180 sq.meters.

In 2018, the petitioners filed a petition in the High Court seeking an area of 25,000 sq.meters for the festival. Last year, High Court in an order dated December 11 had permitted usage 15,000 sq. meters for the event. But the said relaxation was only for last year, hence, the petitioners filed a review petition which is still pending.

AY Sakhare told the Court that the festival is never attended by 25,000 people and it must be held within the designated area.

The bench observed – "Other festivals i.e. Ram Leela and Krishna Leela are performed for a few days unlike the Christmas Music Festival, where Christmas carols are sung for 4 to 5 hours only on one day."

In conclusion, Court noted-

"After going through the photographs of the Christmas Music Festival produced before us, we cannot not lose sight of the fact that the Christmas Music Festival is conducted in a very disciplined manner, the same is manned by a large number of private security guards. The office of the Collector of Mumbai itself allowed the Christmas Music Festival to be held on an area of 18,000 sq. meters in 2016 and on an area of 25,000 sq. meters in 2017. Not a single complaint of nuisance being created in any manner, or qua breach of security at the festival or any individual being deprived of access to the Girgaum Chowpatty beach or any litter being created by the individuals attending the said Christmas Music Festival is received over these years. The Christmas Music Festival is admittedly attended by senior citizens as well as children. If the Petitioner Trust is required to hold Christmas Music Festival in the designated area, then the possibility of stampede cannot be ruled out."

Thus, permission was granted for 15,000 sq.meters but only for this year. Court accepted the submission made on behalf of the petitioners to approach the Chief Justice in order to get the appropriate bench assigned for hearing the review petition so that they don't have to move High Court every year.

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