Chhath Pooja 2022: Bombay High Court Quashes BMC Order Revoking Permission To Group Backed By NCP Leader

A division bench of Justices NJ Jamadar and Gauri Godse observed that the permission granted by BMC to Durga Parmeshwari Seva Mandal, an organisation led by NCP Corporator Rakhee Jadhav, was prior in time. Therefore, the subsequent permission granted to Atal could not sustain.

It restored the BMC permission granted to Durga Parmeshwari, directing them to comply with the conditions while also ordering the police to decide on their NOC application by tomorrow.

"The petitioners were being targeted," the plea stated.

Arguing before a regular bench, the petitioners had earlier 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 their permission shouldn't be disturbed.

He submitted that the petitioners were granted only a preliminary permission from the BMC subject to getting further approval which they failed to get.

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 sought directions that the BMC's refusal to them be quashed and permission to Alat be invalidated. Moreover, that the state and police grant an NOC to the petitioners.

Case Title: Durga Parmeshwari Seva Mandal and Others vs. Municipal Corporation of Greater Mumbai and Others

Citation: 2022 LiveLaw (Bom) 414 

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