SANJAY JAGANATH SURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The petitioner has approached this Court with the grievance that the respondents have been permitted the erection of shed /structures made out of bamboos, tinsheets and other inflamable materials during Ganapati and Durga festivals to enable the stall owners to sell idols and other ancillary material required for religious purpose during these festivals which exposes the members of the society to all sorts of inconveniences as spelt out in the petition including obstruction to flow of traffic going through and from the said road to Chinchpokali Fly Over. The matter has been litigated at all the levels. It is the stand of respondent Nos. 2 and 3 that such allotment of stalls are permitted as per the policy of the Municipal Corporation considering the exigencies and that due to various orders passed by the Civil Court as well as this Court necessary precautions have been taken and guidelines have been framed to minimise the inconvenience to the members of the petitioner society as well as the public at large. We, therefore, dispose of this petition with a direction to the respondent MCGM that while granting permission for erection of temporary shed, the Corporation would take necessary precaution that sheds are not permitted to be erected on public roads, public footpaths and that the persons applying for such temporary permisions for erecting sheds should get no objection certificates from the Health Department, Chief Fire Officer of the Municipal Corporation and the Maharashtra Pollution Control Board but no shed may be permitted at the entrance and exit of the petitioner society and obstruct the shop premises in such a manner so as to cause obstruction to access of customers to the shop premises and deprive public from utilising public utility services like BEST Bus shelter / pole or State Road Transport stand and accordingly relocate the same.

(3.) The petition stands disposed of accordingly. The aforesaid order should be strictly followed within the precincts of the petitioner society