HC: Must look into petitioner’s grievances on Kala Ghoda fest

The festival is supposed to take place between February 7 to February 15, 2015. The High Court had set up a committee on February 6 following a petition to the court by Berges Malu, a resident who lives in the vicinity of Kala Ghoda, complaining about inconvenience and nuisance caused to people living in the area on account of the nine-day event as well as the safety and security risk.

Advocate Birendra Saraf, who appeared for the Kala Ghoda Resident Association, which organises the event, said that it was not “in the interest of the public to shift the festival elsewhere. It is a cultural festival in a culturally starved city. It takes place here as it is a culturally rich locality,’’ he said.

In an oral observation, the judges said. “On the pretext of the festival, you cant allow encroachments. Hawkers have encroached upon open spaces. Nothing remains for citizens. See if it can be done in a different way.” The HC will hear this matter on Thursday.

Assuring that the Kala Ghoda Resident Association takes care of everything, their advocate said that in the last 16 years, since the inception of the festival, which lasts for nine days, this area had not faced any encroachments by hawkers.

“Unless there is some problem, people of the city do not complain. Whenever the road is dug, the people of Mumbai quietly suffer and cooperate,” said the Judges.

The advocate of the association maintained that almost all the suggestions of the committee set up by the HC had been adhered to excepting one relating commercial activity should be allowed there.

“Around 30 per cent of the stalls are given to NGOs and artisans. Such festivals take place all over the country. No one touches religious festivals like Ganpati. Some inconvenience will be caused in such cases. It cant be a perfect world,” said Saraf, adding that the stall would be put up along the pavements keeping the road free next year.

The petitioner’s lawyer highlighted the issue of security, safety and overcrowding. “The bylanes in which people like the petitioner live get blocked during the festival. the committee, in its report, had also mentioned that in iconic places in Mumbai are always vulnerable to terrorist attacks,” he said.

ruhi.bhasin@expressindia.com