Bombay High Court allows Kala Ghoda Festival in Cross Maidan without food and commercial stalls

The Bombay High Court today permitted the Kala Ghoda Association (KGA) to conduct its art and cultural festival at Cross Maidan, Mumbai from January 20 to 28, on the assurance that refreshment and commercial stalls would not be set up at the venue..A Bench of Justices GS Patel and Kamal Khata also stated that from next year onwards, KGA may be granted permission directly by the civic authorities with strict insistence on compliance with conditions laid down by the High Court in earlier orders. .The Court was informed that the public authorities, including the Collector of Mumbai, had been restrained from allotting the Cross Maidan to any third party without the prior approval of the High Court. This was because the land at Cross Maidan had been reserved as a playground under the Development Plan. .However, since subsequent orders of the High Court granted permission to hold the festival there, the Court need not be approached every year for the same purpose, the Bench clarified today."We are not permitting slightest deviation from conditions laid down. Undoubtedly, if anyone seeks relaxation of those conditions or deviations or if applicant is someone else, application to be made to this Court," the Bench added..The Court also reiterated the conditions in its earlier orders, wherein it was directed that if the KGA uses any portion of the Cross Maidan public garden for the festival, it would have to restore the area to its original condition.It further clarified that KGA could make an application for a reduction or waiver of license fees and that the authorities may consider such request without a specific order from the High Court..The order was passed on an interim application filed by KGA in a writ petition by the Organisation for Verdant Ambience and Land (OVAL), a public trust which had opposed the commercial use of the ground. The petitioner organisation had challenged a government resolution dated November 6, 2017, which transferred the authority for maintaining the Cross Maidan from the Mumbai District Collector to the Brihanmumbai Municipal Corporation (BMC)..The Bench noted that in earlier orders passed in the matter, permission was granted to hold the Kala Ghoda festival in Cross Maidan, subject to an undertaking by KGA that it will not set up refreshment and commercial stalls at Cross Maidan.The undertaking should also state that no part of the Maidan would be used for any commercial activity and that the events of the festival shall be open to the public without any entry fee, the Court added. .Having passed the interim order, the Bench today posted OVAL’s petition for final hearing and disposal on February 12..Advocates Sameer Tapia, Siddhi Doshi and Ria Lulla from ALMT Legal appeared for Kala Ghoda Association. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.