"Being Targeted": NCP Leader Approaches Bombay High Court Against Revocation of Chhath Pooja Permission By BMC

The petitioner alleged that while their permission was cancelled, the Municipal Corporation granted permission to another charitable organisation Atal Samajik Sanskruti Seva Pratisthan which allegedly supports the ruling BJP. They sought a stay on the permission granted to the second organisation.

However, the division bench headed by Justice RD Dhanuka orally refused an immediate stay but granted the petitioners liberty to approach the vacation bench for relief. The event is set for October 30, 2022.

"The petitioners are being targeted," the plea states.

During the hearing the petitioner's advocate Arif Bookwala pointed out WhatsApp chats in a group to demonstrate that the police deliberately refused permission. Advocate Amogh Singh for Atal Samajik Sanskruti Seva Pratisthan argued that all their permissions from various authorities were in place therefore a stay shouldn't be granted.

Only July 25, petitioners Durga Marmeshwari Seva Mandal, though its trustees sought permission to construct an artificial pond for various events, including Chhath pooja at the Acharya Maindan at Ghatkopar, which was granted. The local BMC ward granted permission the very next month.

After celebration of various events the petitioners claimed that they sought BMC's permission for construction of an artificial pond on October 14, 2022. While they were allegedly refused NOCs from the traffic and fire department, a NOC was waited from the assistant superintendent gardens (BMC) by October 18, 2022.

Meanwhile, the assistant commissioner of BMC (N Ward) wrote to the petitioners revoking permission on October 19, 2022, they said.

The petitioners alleged that a local politician (BJP leader) Balchandra Shirsat wrote to the BMC for Atal Samajik Sanskruti Seva Pratisthan and was granted identical permission.

"Such decision by Respondent No.2 (ward officer) is in gross violation of the principles of natural justice. The biased and mala fide conduct of Respondent No.2 is also reflected in the contents of the Letter," the plea read. Moreover, it said that petitioners were being targeted.

The plea therefore seek directions that the BMC's refusal to them be quashed and permission to Alat be invalidated. Moreover, the traffic and fire departments should be directed to grant an NOC to the petitioners.

However, during the hearing on Thursday the bench directed BMC to file their reply and urged the petitioners to move the vacation bench for interim relief.