MARINE DRIVE (GHEF) RESIDENTS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this public interest litigation, the grievance of the petitioners is that the authorities under the Mumbai Municipal Corporation Act, 1888 have been granting permission to hold various exhibition on the public footpath abutting the marine drive illegally and without authority of law.

(2.) The Petitioner No.1 is an Association registered under the Societies Registration Act, 1860 and is an Association of Societies / Buildings located in G,H,E,F Roads at Marine Drive, Mumbai.

(3.) In the year 2000, the Municipal Authorities had granted permission to hold exhibition-cum-sale of plants on the footpath near marine drive which according to the petitioners was without the authority of law. Therefore, the petitioners had objected to holding such exhibition-cum-sale on the footpath meant for pedestrians by making representation inter alia on the ground that considerable inconvenience was caused to the residents of the locality and also the general public. In the year 2003, the petitioners were informed by the Municipal Authorities that they have imposed a ban in holding such exhibitions and that no permission would be granted in future. In fact, no exhibitions were held during the year 2003-2004.