JAANAVI. C Vs. THE UNDER SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Petitioners are stated to be residents of Rajajinagar and surrounding areas. They state that they have been carrying on retail business in fire crackers for several years during Deepavali festival. Taking note of the safety of residents and as a precautionary measure, the respondent - authorities have decided that the cracker shops must be set up only in open areas and play grounds and that the sale of fire crackers de hors identified places, cannot take place. Petitioners submit that all these years, Sri Ramamandira Play Ground situated at 10th Main Road, 55th Cross Road, III Block, Ward No.10, Rajajinagar, Bengaluru, had been identified as one of the places for the sale of fire crackers. But, this year the said play ground has not been notified. In the circumstances, they have sought a direction to respondent Nos.2 to 4 to identify Sri Ramamandira play ground as one of the places for retail sale of crackers, as has been done in respect of 60 other play grounds in Bengaluru City and to grant permission to the petitioners to sell the crackers at the said play ground, as per the existing procedure.

(2.) Learned counsel appearing for the BBMP submits that in view of the judgment of this Court in W.P.No.5269/2016 between Ramamandira Youth Sports and Cultural Association vs. The Secretary, Urban Development Department, Government of Karnataka and others, disposed of on 14.11.2016, in which BBMP's statement has been recorded to the effect that it would not convert the play grounds into commercial hubs and that only once in a week permission would be granted for holding social and cultural functions in the play grounds. The play ground in question has not been identified for sale of fire crackers this year. She however, submits that for three days, the said play ground could be made available to the petitioners or anybody else intending to sell crackers therein.

(3.) The said submission made by learned counsel for the BBMP is objected to by the petitioners' counsel by contending that insofar as the other sixty play grounds which have been identified by the BBMP for selling fire crackers, permission is being granted for five days for sale of fire crackers and therefore, these petitioners or other similarly situated persons cannot be discriminated against by restricting the number of days to only three days. He submits that the decision taken in respect of other play grounds in the City may be followed insofar as the play ground at 10th Main Road, Rajajinagar also is concerned.