The Bombay Excessive Courtroom on Tuesday quashed and put aside a discover issued by senior police inspector of Mahim police that directed the organiser of the annual Mahim Mela (Mahim Honest) on December 24 and 25 to cancel the mela as a result of site visitors congestion within the space.
The bench famous that the one apprehension raised by police was of site visitors congestion and the identical “can’t be a floor to cancel permission as it’s the obligation of respondents to handle the site visitors congestion by appointing further workers.”
“Such melas/occasions type part of the social cloth by which the folks of all of the sections take part. Their participation and delight can’t be disadvantaged by such sudden/abrupt discover because it has been celebrated for greater than 100 years,” the bench famous whereas setting apart the December 23 discover to halt Mela that’s centred across the Dargah of non secular scholar Hazrat Makhdoom Fakih Ali Mahimi to have a good time his life and teachings.
A trip bench of Justices Shivkumar G Dige and Advait M Sethna was listening to a plea by Zahid Khamisa, a proprietor of the agency referred to as Angel Land, Agripada, which runs amusement rides and actions at Mahim Mela, Reti Bunder, Mahim, Mumbai since 1986.
Advocate Prasanna A Bhangale for the petitioner argued that he had obtained requisite permissions from the authorities together with premises license issued by Commissioner of Police, Mumbai and similar was legitimate from December 14 until 25. Bhangale added that the petitioner was additionally availed No-Objection Certificates (NOC) on December 12 from the authorities, which is legitimate until December 25.
The discover, in addition to site visitors congestion, additionally talked about that on December 25, folks belonging to the Christian group will collect in massive numbers on the close by St. Michael’s Church and any untoward incident might occur.
Bhangale contended that Mahim Mela has been working since 1901 and the petitioner and a number of other others have been working their outlets and amusement rides therein peacefully since a number of years with none untoward incident.
He added that petitioner obtained notices together with impugned discover on Monday night time which cited purpose of site visitors and Christmas celebration to “abruptly cease the mela,” and he was shocked and shocked by the identical.
Further Public Prosecutor Prajakta P Shinde for the police opposed the plea and submitted that Mahim Mela is organised on the fitting aspect of the street and as a result of site visitors congestion in that space, it halts site visitors and folks within the stated space endure as a result of similar. She stated the discover was issued as per regulation and sought dismissal of the plea.
The bench famous that the premises license dated December 5 was granted to the petitioner by police and it was said that if any grievance is obtained from the general public, such license could be cancelled or revoked.
“Within the stated impugned discover, there isn’t any point out about any grievance obtained from the general public,” the bench famous and stated that mere apprehension of site visitors congestion can’t be a floor to cancel the permission.
Permitting his plea, the bench directed petitioner to cooperate with respondent authorities and stated the agency can open or function their stall and rides.
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